CENTRAL PACIFIC RAILROAD PHOTOGRAPHIC HISTORY MUSEUM

USER
AGREEMENT

"I have made this letter a rather long one, only because I didn't have the leisure to make it shorter."—paraphrasing Blaise Pascal, 1623-1662.

This website is completely free (as in zip, zero,
nada) for more that 99% of
the visitors who just want to enjoy seeing the pictures, etc. online
and are not making money by using our restorations. This website
and related content is made available only for your personal educational
viewing using a web browser and all other rights are expressly
reserved
by the copyright owner.
Permission to browse this copyrighted website requires acceptance
of this User
Agreement. It is a violation
of this agreement and/or U.S. and international copyright laws to
download, forward, duplicate, or distribute unauthorized copies of
this website
or the
pictures,
even
for internal
or personal use. Please do not download pictures or other content
without first requesting
permission. Pictures
on this website are generally copyrighted original
skillful restorations. Sorry
about all the rights
and permissions legalese — otherwise it wouldn't
be feasible for rare and valuable collections to be available
for your study on the net. Using this
site (and all related activity, including sending us messages)
means
you accept
its terms.
Don't be put
off by the legalese,
but please read these terms and conditions of use carefully before
using
this website, because you are bound by them. This
user agreement is needed mostly to make sure that our good deed of putting
all this
great
stuff
on the
net goesunpunished,
and to emphasize that publication and commercial rights are not being
given away, i.e.
"Take no pictures ... and leave no footprints" or "Look
but don't touch," and there is no warranty. The
goal is for you to enjoy viewing these historic treasures on the CPRR
Museum website,
not to keep them locked away out of sight, but theft of content from
this
website will seriously anger our generous
donors who have allowed their
rare and valuable mostly private collections to be displayed
here and will put our entire
project in jeopardy, so
please contact us and let us know when we can
be of help, if you have ideas about how to do this better,
or if you believe that
we are being in any way unfair or unreasonable, but
please don't get mad at us for only being able to let you see these
wonderful images
until you obtain permission for other use as
we attempt to deal as best we can with technological limitations, donor
restrictions, the dismal
state of copyright law, some rather hairy legal
requirements, and our need to pay the bills to keep this museum open (donations are
requested), or because of a blog,
and please don't spoil our day by sending us a rant without first reading
our rants page. Point at the blue
FAQ boxes for pop-up answers. Caution: Acknowledgements,
links, etc. are not merchant endorsements.
Only send content intended for publication.
To avoid squandering scarce resources, please only send
licensing requests that you are certain about or penalties
may apply as the terms are ORDERS ONLY,
ALL ORDERS FINAL! If
you do not intend to be legally bound by these terms and conditions,
please do
not
access
or
use
this website – as such browsing would violate this website's copyright. That
said, let the contract begin:

E-mail:
We attempt to answer all e-mail we
receive promptly. If you don't receive a quick response, we did not
receive your message, so please write
to us again. Make sure to include
an English language meaningful e-mail subject
line,
and avoid HTML formatted or virus infected e-mail, so that your message
is not mistaken for
spamand automatically deleted.
E-mail is not totally reliable – if your e-mail is returned,
please wait a couple of hours and resend. Privacy
policy. E-mails, images, files, or other communications
received become our property and may be published, edited, or discarded
at
our sole
option.

BY USING THIS WEBSITE, YOU INDICATE YOUR AGREEMENT TO THE FOLLOWING
TERMS AND CONDITIONS:

ON-LINE
REFERENCE VIEWING USE ONLY. EACH
ACCESS IS BY PERMISSION ONLY. ACCESS FOR PICTURE DOWNLOADING
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PRIVATE WEB SITE WHICH IS PROVIDED
WITHOUT WARRANTY
IS FOR YOUR IMMEDIATE PERSONAL EDUCATIONAL NON-COMMERCIAL INTERNET VIEWING
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YOU MAY NOT KEEP COPIES WITHOUT PERMISSION, WITHOUT NOTIFYING US, OR AS A SUBSTITUTE
FOR
PURCHASING
A
LICENSE. READ
THIS
ENTIRE
CONTRACT
BEFORE
USING
THIS
WEBSITE.

IF YOU DO NOT AGREE TO THE TERMS OF
THIS USER AGREEMENT, YOU ARE NOT GRANTED ANY RIGHTS WHATSOEVER IN THIS
WEBSITE OR ITS TEXT,
SOFTWARE, FILES,
OR IMAGES
OR ANY RIGHT TO BROWSE OR VIEW THE CENTRAL PACIFIC RAILROAD PHOTOGRAPHIC HISTORY
MUSEUM OR ITS CONTENT. IF YOU ARE NOT WILLING TO BE BOUND BY THESE TERMS
AND CONDITIONS,
YOU SHOULD
NOT
BROWSE
THIS
WEBSITE WHICH WOULD CONSTITUTE A VIOLATION OF COPYRIGHT LAW, NOR CLICK ANY
IMAGE OR LINK TO "ACCEPT" THE CPRR.ORG USER AGREEMENT, AND MUST PROMPTLY
RETURN ALL COPIES OF THE WEBSITE SOFTWARE, FILES, IMAGES, TEXT,
OR OTHER CONTENT. IF YOU ARE AN INDIVIDUAL WORKING FOR A COMPANY OR ORGANIZATION,
YOU REPRESENT AND WARRANT THAT YOU HAVE ALL NECESSARY AUTHORITY TO BIND YOUR
COMPANY OR ORGANIZATION TO THE TERMS AND CONDITIONS OF THIS USER AGREEMENT.

FBI
Warning to "Pirates
in Cyberspace" about the crime
of "Intellectual
Property Theft": "The
unauthorized reproduction or distribution of this copyrighted work is illegal.
Criminal copyright infringement, including infringement without monetary
gain, is investigated by the FBI and
is punishable by up to five years in federal prison and a fine of $250,000."

Warning – Fraud and related activity in connection with computers: Using
this website for DOWNLOADING PICTURES or other content without first requesting
permission
additionally
may constitute a felony under the
federal
Computer
Fraud and Abuse Act (18 U.S.C. §1030), and state Computer Misuse
Statutes — such
downloading is NOT
AN AUTHORIZED ACCESS.

"It is difficult to make our material condition better
by the best law, but it is easy enough to ruin it by bad
laws." —Theodore
Roosevelt

RESTRICTED ACCESS: This
license is necessary, for example, because copyrighted website content must
be copied onto a computer to function. This
End User License Agreement ("CPRR.org User Agreement") grants
you, personally and individually, a non-transferable, non-exclusive, non-sublicensable,
limited
license,
permitting
access
only
for
the
use of immediately
electronically displaying content retrieved from this website,
a copyrighted
publication entitled the "Central
Pacific Railroad Photographic History Museum,"
including
but
not limited to visual and documentary resources, during the term of this Agreement
on a single designated computer, using a
web
browser with javascript enabled, in real time to no more than two people at
a time for personal, private, local, non-commercial,
educational viewing purposes relating to the railroad, historical, or photographic
subject mater of this website only,
for
reference
use
only,
subject
to
the
limitations
set
forth
herein, and except with our written permission,
not to copy or to redistribute,
in any form, including but not limited to downloads, framing or similar means,
prints, or screen outputs or any part thereof, to
any
other
persons or locations, nor in any other medium, nor make other than customary
historic use, nor make use in other
than an expected manner. This license authorizes
no other access or use, nor any other multiple computer or multiple user
arrangement. Other
uses, reproduction or distribution are specifically prohibited. Licensor retains
ownership of the intellectual property, including, but not limited to website,
discussion, images, text, content, data, files, and software, and reserves
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data, text, images, software, or files obtained from this website or from us
without our permission, nor to help, facilitate, encourage, or induce others
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OR OTHER CONTENT OR MEDIA TRANSFERRED TO YOU AND REQUIRE ITS RETURN SO THAT
WE WILL REGAIN POSSESSION FOLLOWING THE
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FOR THE
EXHIBITION
OR
DISTRIBUTION
FOR A LIMITED
PURPOSE AND FOR A LIMITED PERIOD OF TIME AS SPECIFIED HEREIN OR, IF APPLICABLE,
IN OUR INVOICE. Any
possession of such images or other content or media not expressly authorized
under this License or beyond the end of the limited fixed term is prohibited.
You acknowledge and agree that all content accessed through this
website is the
property of CPRR.org or the applicable content owner, is never owned by our
Licensee, you are not owner of a copy or copies, nor of a particular copy,
and such content may be protected by contract and/or applicable copyright law,
that
the
source
code and the numeric or other data
of the files
of this website remain confidential trade secrets of CPRR.org and/or its
suppliers to which
access or permission to examine is not granted, that this License gives you
no rights to such content, and that you shall at all times take reasonable
steps to protect the confidentiality
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Office of the Licensor. It may not be reproduced or retransmitted in any form,
and the accounts and descriptions may not be disseminated without express written
consent. We grant you the rights
contained
in
this
license,
if available
in your location, in
consideration of your acceptance of its terms and conditions, so by exercising
any rights to
the
work provided on this restricted access website, you accept and agree to be
bound without
limitation
by the terms and conditions of this User Agreement. You acknowledge and agree
that you are only licensing rights to use this website, its content, and all
content otherwise obtained from us, and that all copies thereof, are and
will remain our sole and exclusive property. You
warrant and agree that there is no legal reason that you cannot enter into
a binding
contract.
If
you do
not
understand
or do not agree to the terms and conditions of this User Agreement,
we are unwilling to grant permission for you to access or use this website
or its content, and you are not licensed to do so. You shall acquire no ownership
rights to this website or any webpage, image, text,
data,
software
or other
content or
any
portion
thereof,
in
any
form,
on
this website or provided by us which
you shall not resell or otherwise transfer, nor shall you retain or take continuing
or permanent possession thereof. The license granted herein to
use images or other content shall automatically terminate instantly upon
your
failure to comply with the terms of this User Agreement, any subsequent use
is without permission and in violation of copyright, and all monies owed
shall immediately become due and payable, however all other obligations
and
provisions hereunder
shall survive, and specifically, but not in limitation of the foregoing, you
agree that any provision(s) hereof that operate to protect us shall remain
in force. All
images
are for private non-commercial educational viewing purposes only. Except as explicitly
permitted, PLEASE
DO
NOT
DOWNLOAD
OR COPY IMAGES FROM THIS WEBSITE (ASK
US FIRST)! This
website uses Digimarc Digital Watermarking image anti-theft technology which
Forbes magazine calls "A
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used with permission. Students
who have reached the age of majority or whose parents and teachers have accepted
this User Agreement
on their behalf are granted a no-fee academic license
under the terms and conditions herein to use a web browser to print out one
or more of the 17 web pages with pre-selected printer friendly
"Favorite Homework Pictures" but
only when accompanied by the annotation and legal notices included on those
web pages, for schoolwork use during the current
semester, but not for publication, nor internet,
nor other electronic use, nor further distribution, granting permission only
to print single copies
of the pre selected images for their homework, school report, or poster. (Ask
us for permission to use other pictures for homework, or for any
other use of those favorite homework pictures.) Permission
is granted to search engines that are made available to all on the Web without
charge to index the text of this website, but not the images, and
to transiently display as part of search results the title and description meta
tag
text
content
from Web pages on this site, or a brief quotation relating to the search terms. Teachers may
print
without modification for
classroom
educational
use during the current semester, as instructed,
the four pages needed for the "Great
Railroad Race" Interactive
Railroad Project,
and the 4th
Grade Problem Set, Questions, and Skit, provided that they and their school
accept
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Agreement. You will be responsible for any and all costs, charges, and
taxes associated with your electronic access, including but not limited to
charges from your Internet Service Provider and/or telephone company. You
may not remove or alter any copyright, trademark, or other legal notice. All
other access, use, disclosure, reproduction, delayed
use, reduction
to human-perceivable
form, printing, copying or saving of digital image files or other content, reformatting,
file sharing, downloading, uploading, storing, posting, mirroring,
archiving,
recording, distributing, redistribution, repurposing, modification, rewriting,
manipulation, creation of derivative works, translations, or products, licensing,
sale, transfer, display, public performance, publicity, broadcast, televising,
reporting, publication (in whole or part) or transmission whether by http,
ftp,
electronic
mail
or any other file transfer protocol, and whether by electronic means or otherwise,
or use by other than individual scholars, or commercial use requires prior written permission of
the rights owner(s) and payment
of a fee, and severe penalties apply
for theft and unauthorized
publication, which is also a crime. [Yes,
we know that you think that all this legalese is completely ridiculous,
and we think so too, but we also believe that
current
law unfortunately requires that
it be done this way; So if you know of a better, simpler "legally correct" way,
do tell us how!] Each
User and other person(s) or entity(ies)
entering
into this agreement ("You") agree(s) to refrain from engaging in, or facilitating,
encouraging, promoting, soliciting, enabling or assisting
others in any such non-permitted access or use. You agree to transfer and
assign to CPRR.org, without additional consideration, any rights, ownership,
or
title
which
you
may
obtain to our name(s), trademark(s), image(s) or other content on this website,
our intellectual property,
or
obtained
from
us
or
derived therefrom. By
using this site which includes a library of photographs, maps, documents and
other
content,
or its associated computer search mechanism(s), you
signify
your assent to these terms of use and you represent and warrant that your actions
including but not limited to your access
or
use will not impair, diminish, or dispute our intellectual property rights
in this
website
and its content, damage our reputation, or
interfere with the operation of the CPRR Museum website, so you may not and
we ask that
you
please
do not
access
or
use this website if you do not agree to all these terms and conditions of service.
Your access to this website is specifically conditioned on your acceptance
of our intellectual property rights to this website and its images and other
content,
including but not limited to our right to determine and limit your publication
or other use thereof. You further warrant that you will not access
or use the CPRR Museum or this website or any content, nor unauthorized copies
thereof, or services thereof for any purpose in violation of these Terms and
Conditions, and that all information that you provide to us will be complete,
truthful and accurate, and will not be misleading in any way. We reserve the
right to take appropriate legal action to cover our damages if you violate or
refuse to partake in your responsibilities or commit fraudulent activity against
us. You further agree
to
comply with all Export Control Laws, rules and regulations applicable to the
export
of
this website or its content and
you shall not transmit, download, export, re-export or transship this website
or content obtained from us in violation of any United States laws and regulations
which may from time to time be applicable, nor may this website or any content
obtained from us be transmitted or otherwise exported or re-exported
into, or
to, nor be used by a national or resident of any country to which the U.S.
has embargoed, nor to anyone on the U.S. Treasury Department's list of Specially
Designated
Nationals
or the U.S. Commerce Department's Table of Denial Order, and so by using this
website you are agreeing to the foregoing and you are representing and warranting
that
you are not located in, under the control of, or a national or resident of
any such country or on any such list.

Additionally, you grant us a nonexclusive, irrevocable, worldwide, perpetual,
unlimited, assignable, sublicenseable, fully paid up and royalty-free right
to us to copy, prepare derivative works of, improve, distribute, publish, remove,
retain, add, process, analyze, use and commercialize, in any way now known
or in the future discovered, any information, you provide, directly or indirectly
to us, including, but
not limited
to, any
user
generated
content,
ideas, concepts,
techniques, images, identity, and/or data, you submit, send, or provide to
us or our affiliates, without any further consent, notice and/or compensation
to
you
or to any third
parties.

According to Fujifilm, "CAUTION: If
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A ten-minute break is recommended about once every half hour. Switch to 2D
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Individuals with a history of photosensitive epilepsy or heart disease or who
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(up to the age of about six) whose visual system is still maturing and for
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Do
not taunt and discontinue
use if any of the following occurs: itching, vertigo, dizziness, tingling
in extremities, loss of balance or coordination, slurred speech, temporary
blindness, profuse sweating, or heart palpitations.

Proprietary Rights: You acknowledge and agree that the Central
Pacific Railroad Photographic History Museum, any necessary software used in
connection with
this website ("software"), and any images, materials, data, documents,
or other content provided by us that is related to the Central Pacific Railroad
Photographic History Museum, this website, or the software contain proprietary
and confidential information that is protected by applicable intellectual property
and other laws. You further acknowledge and agree that any content contained
in the Central Pacific Railroad Photographic History Museum or information
presented to you through this website or by us is protected by copyrights,
trademarks, service marks, patents or other proprietary rights and laws. Except
as expressly authorized by CPRR.org, you agree not to modify, rent, lease,
loan, sell, distribute, or create derivative works based on the Central Pacific
Railroad Photographic History Museum, this website, its content, text, images,
or the software, in whole or in part, nor use our trademarks or service marks
for any purpose. You may not use any content on this website or obtained from
us except in compliance with this User Agreement. The rights granted to you
under this User Agreement may not be used to create, or enable the creation
or redistribution of unlawful or unlicensed copies of any content on this website
or obtained from us, nor to circumvent, violate, or enable the circumvention
or violation of any terms of this User Agreement. Senno Ekto Gamat!

CPRR.org may have proprietary rights that are necessary for you to license
in order to make use of this website, its content, and related intellectual
property. We
do not wish to be exposed to liability or risk of loss as a consequence of
our
generosity
in
making available historic images and other content on-line,
nor to lose licensable publication rights upon which the financial viability
of this project depends. Consequently, and as stated in the above preamble,
if
you
do not intend to be legally bound by these terms and conditions, please do
not access or use this website. We sincerely regret that this legal document
is of necessity lengthy and complex, ask for qualified help in hopefully making
it less so in the future, and invite you to submit a
fully developed counteroffer that shows us how to do this better, but if you
are simply unwilling to take
to
time to
read
and
understand
its provisions, disagree with any of its terms, or are of the belief that it
is overreaching or in any way unfair or unreasonable, there are many
alternative sources for transcontinental railroad historical information and
you can easily avoid the provisions of this User Agreement entirely by leaving
immediately
and making
no access
to
or use
of this website. However
if you instead choose to make use of this website, thereby accepting this User
Agreement, you agree that as a consequence you
shall be bound by all of its provisions and may not later argue that this agreement
or any provision hereof is invalid or inoperative merely because of length
or complexity, nor may you later assert, and you waive the right to argue that
this User Agreement should be ignored or invalidated on the grounds that it
is overreaching
or
in any
way
unfair or unreasonable, and not in limitation of the forgoing, you further
agree and stipulate that this agreement or parts thereof may not be ignored
or invalidated due to length, complexity, overreaching, unfairness, or unreasonableness,
or the like unless such argument shall prevail generally against any contract,
law, and regulation of like
or greater length, complexity, overreaching, unfairness, or unreasonableness,
etc. (We note in passing, by way of comparison and perspective, that this
User Agreement, is less than a third the length of the text of just this website's Frequently
Asked Questions pages, and constitutes less than 0.03% of this website.)
We also strongly urge you to stop
smoking, always buckle
your seatbelt,
carefully first read
each prospectus and do your own research before you purchase or invest,
and diversify whenever investing,
understand that "past
performance is not a guide to future performance and should not be used as
a reason for
selecting a particular investment," and control
your cholesterol and blood pressure, even when reading legal
documents.

"Things should be as simple as possible, but not simpler."
—Albert Einstein

CLICK TO ACCEPT: Any access to or use of this
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image(s), or content, including but not limited to clicking (or the equivalent)
on any link or image (other than to view this User Agreement web page),
or by sending
the character string "/I_ACCEPT_the_User_Agreement/" to our web server as you
must do to gain access to our images, or by clicking on your "SEND" button
to send us an e-mail, or the like, all indicate
and
signify
that "I
ACCEPT"
this user agreement, WHICH CONTAINS A PRE-DISPUTE ARBITRATION CLAUSE,
and each such action indicates your intent to thereby attach
your
electronic
signature to this agreement, and your unconditional acknowledgment
and acceptance
of and agreement to all of the terms and conditions herein without modification,
and that this agreement shall take effect immediately;
to indicate "I DECLINE" simply
make no such use and close all windows of this
website.
Provided, however, that you may not view or otherwise make any access or use
of this website whatsoever unless you (or your guardian or legal representative
who
agrees to this user agreement on your behalf) are capable of entering into
a binding contract, nor in any jurisdiction where this user agreement would
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acknowledgment by you that you have read, understood, and agreed to each and
every term and provision
of
this User Agreement, including but not limited to the provisions hereof regarding donations and dispute
resolution/arbitration, and that if and when you violate this User Agreement
that you have received timely Legal Notice
of Infringement. You stipulate and agree that: (1) clicking
any internal
link(s)
on this
website
or otherwise accessing another webpage, or utilizing the provided computer search
mechanisms,
or
further
accessing
copyrighted
content
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necessarily
results
in
copying of our copyrighted content from our server to your computer, with
additional copying steps occurring between intermediate internet servers and
routers,
and
among
computer
RAM,
disk
memory,
browser cache, CPU,
video
memory,
and/or the
display at your computer and at multiple internet locations;
(2)
copying
or searching of
such
webpage(s) or other copyrighted
content
without
permission
would violate our copyright; (3) this User Agreement provides that permission
to perform such copying of copyrighted content to access or use this website
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to those who fully accept
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(4) any such access to or
use of this
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have violated our copyright. If
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operator
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You
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and
agree that all persons who with your permission or while in your employ obtain
access to this website or our content shall observe and perform all the terms
and conditions of this User Agreement, and that in the event such person violates
this agreement, you, at your own expense, shall promptly enforce the restrictions
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may access our
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visiting
this website. This website and all associated images, content, e-mail,
or other intellectual property regardless of where located or how accessed
and
any media on which it may reside is only licensed as set forth herein
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NEVER SOLD, is not a gift, shall not be abandoned, and is and shall become and
remain
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CPRR.org or the successor thereof which shall have the right to access
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remove,
or modify. Access and use is explicitly
restricted as set forth in the terms and conditions hereof, and you have
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therefore, other access or use is not authorized and you have not been granted
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incorrectly
infer
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or have been otherwise granted the
full
range
of
rights
that normally accompany consumer products–including
those
containing
copyrighted
embedded
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possession so you
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content at the completion of the license term and you may
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but not limited to copies in a temporary browser cache or on a physical medium,
shall
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or
destroyed
by you (acting in the capacity as our limited agent for this purpose alone, and
not
as
owner), and
shall not
be transferred
to
any
third
party
for
erasure
or
destruction.
You
acknowledge
and
agree
to
the
validity
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the
CPRR.org
copyrights, trademarks and service marks, trade secrets, and other proprietary
laws and
rights
both in the United States and internationally,
and our claim of ownership of the intellectual property that comprises this
website, its images and other
content,
and that CPRR.org has established significant rights and valuable good will
therein. You agree not to impair the title, rights and interest of CPRR.org in
such marks
and other intellectual property, including but limited to images and other content,
names, pseudonyms, full name(s), shortened name(s), Internet
domain name(s), and the acronym(s) of this museum, website, and associated
entities and author(s) thereof and their logo(s), nor our reputation or good
will.
You
agree
not
to
claim
that
this website or any of its images or other content are yours, and not
to
make
any claim
to, apply to register, or register any such CPRR.org mark or any confusingly
similar
marks or other CPRR.org intellectual property. All use of any and all
CPRR.org marks and/or other intellectual property on or relating to this website
or derived
therefrom shall
inure solely to the benefit of CPRR.org. You
stipulate, warrant and agree that
CPRR.org owns owns all right, title and interest in and to the content of this
website (including, without limitation, all pages, text, data, images, files,
software,
and/or information) and
all
related intellectual
and
proprietary rights of any kind anywhere in the world, and that you will not challenge
or
dispute our ownership or proprietary rights or the rights of content donors,
including
but
not limited
to as stated herein, to the intellectual or other property which comprises
this website and its domain(s), server(s), trademark(s), pages, files, images,
text,
and
other
apparatus and content ("website"),
nor
challenge
or
dispute
validity of our copyright or the originality of this
website,
including
but not limited to the originality of each and every one of its images,
and
acknowledge that
we
prohibit
access
to all who do not so agree, and that copying a full image shall
constitute
100% of the original, and
further
stipulate,
warrant
and
agree,
notwithstanding
any
case
law
to the contrary, that your using or accessing this website including but not
limited to one or more of its images,
or allowing, assisting, encouraging,
solicitng, enabling, or facilitating others
to do so,
without
such
prior
agreement and acceptance of our proprietary rights, or in any manner
contrary to
this
User Agreement, or which makes this website or portion thereof, or the intellectual
property, pages, images, text or other content therefrom available (or
obtained from us) to those who have not accepted
and are not bound by this
User Agreement, or by otherwise circumventing or modifying this User Agreement
or any legal or technological means or software that we or others have utilized
in an attempt to limit
access,
copying, or use of this website or such property, violates this
User
Agreement
and shall constitute actual
harm to our property (not in limitation of the foregoing,
to be construed as no less serious than by analogy tampering with and disabling
the lock on a museum or bank vault door or circumventing a
copy protection
mechanism so
that
the
contents
are
left unprotected), and
shall
constitute
trespass, conversion,
or a like tort, whether such tort
be
conventional, or unknown in the statutory and/or common law and so requiring
definition or
redefinition
so
as
to
apply
in
the
context
of this website and intellectual property,
and whether such like tort be previously named, or unnamed. Images
and
other
content
on
this
website
are made available only under the terms and conditions set forth herein,
any use shall inure to our benefit, and you agree not to take any action
which
would
make
such
images
or
other
content
accessible to or available for unauthorized use by third parties who have not
agreed to this User Agreement and to additionally compensate us for any loss
resulting
from such action and the consequences arising therefrom, including your payment
of use fees and penalties for each such third party use resulting from your
violation
of this User Agreement.

Courts have upheld the
ability of content owners to restrict access to their digital works, flatly
rejecting "free
speech" and "fair
use" arguments: "the Court expressed
confidence in 'the likelihood ... that this decision will serve notice
on others ... and thus contribute to a climate of appropriate respect for
intellectual property rights in an age in which the excitement of ready
access to untold quantities of information has blurred in some minds the
fact that taking what is not yours and not freely offered to you is stealing.'"
concluding " ... nor has an art student a valid constitutional claim to
fair use of a painting by photographing it in a museum."U.S.
Court of Appeals, 2nd Circuit, November 28, 2001.

There is no warranty as to the accuracy, consistency
or fitness for any particular purpose of any content, information, image,
or
opinion available on this website, from CPRR.org, or offered in response to
a question or inquiry. All writings should be understood to be each author's or contibutor's unverified ideas, views, and opinions only, and definitely should not be taken to be authenticated facts. When reading answers to questions or other content,
make sure to follow all the links provided, so that you do not miss seeing
supplementary material, comments, corrections, alternate points of view, etc. We
greatly enjoy seeing images, documents, or other items that you may have and are willing to have included
in
the CPRR
Museum,
and
are
glad
to
attempt
to assist with image identification or restoration (image researchers and
collectors please take careful note of our donations
policy which
does apply to any images, documents, or other items sent to us with a question, inquiry, or request for
identification
or restoration), however, to make best use of our limited resources, you must
tell us all of what you already know about each such image, document, or other item of interest or "unknown" photograph
and its photographer at the time of your first
inquiry, and you agree to also supply us high resolution digital copy(ies)
of the image(s), document(s), or other item(s) in your possession that is/are the subject of your inquiry.
However, in the
event that you make such an inquiry while failing to provide
us with donated copies your image(s), document(s), or other item(s) that are the subject of your inquiry,
in violation of the forgoing, you agree to pay a research
fee corresponding to one hour per e-mail
you send us.

No
information, identification, or opinion received by you from us or as
a result of our efforts, or from this website, or from a member of the public
responding to your inquiry, possibly forwarded by us, shall be published, disclosed,
or disseminated by you without
our prior specific
approval in writing, be construed to be definitive, nor an appraisal,
valuation, authentication,
or expert opinion, nor be used to substitute for informed
professional
advice, nor used for a commercial purpose, nor for making a decision regarding
the purchase, sale, or pricing or any item, and you should neither act, nor
refrain from action on the basis of any such information, identification,
or opinion, nor shall there be any obligation
for us to respond to any question or inquiry, nor to
provide
any
support,
research,
or other services. Comments should be understood to be purely personal and generally based on individual experience, so what is stated is an opinion and may well be wrong. The information you find on this website
or receive from or via us is for informational purposes only, does
not represent a judgment of the authenticity or market value of any specific
item, may only be an inexperienced amateur's casual best guess,
may be limited in accuracy because the individual commenting may not have seen
the actual item and may be relying only on a picture or description and likely
will not have taken the time to do in depth research, might come from an interested
party such
as a seller or dealer who could be biased, have undisclosed conflicts of interest,
or
could be placing
their interest
above
yours,
and
should
never
be used
in
place of a visit, communication, consultation with,
or the
advice
of
your
own
chosen
expert. You are solely and entirely responsible for providing due
diligence if the accuracy of any such information matters to you and for
discovering negative information and finding out whether there are "skeletons in
the cupboard" and
for understanding
any risks involved. Because most of the items shown or discussed
on this website or related communications are old and may be rare, in most
instances it will be difficult to obtain authenticated details and virtually
impossible
to obtain adequate information to reliably determine
value
or
authenticity, or to distinguish antiques from fakes –
expect to be fooled at
least occasionally even if you are experienced, and often if
not. You understand and agree that if we respond to an inquiry from you by
providing
information,
images,
or other
content or references
or
links thereto, such information is of a general nature that does not necessarily
apply to your individual factual circumstances, and there is no implied
license or warranty, and this is not intended as a circumstance where
we or others create a work at your request and hand it over, intending that
you
copy and
distribute it or rely upon its accuracy.

COPYRIGHTS;
NO RIGHTS CLEARANCE. The contents of this website and related
e-mail and of linked websites may be subject to additional restrictions including
but not limited to copyright
and other rights of
other parties. We neither warrant nor represent that your use of images
or other content displayed on this website or otherwise available from us
will
not infringe
the rights of third parties not owned by or affiliated with CPRR.org
or this website, including but not limited to under the Visual
Artists Rights Act of 1990, or similar statues, copyright, or trademark. Not
all images or other content are available for all uses. Use
of some materials may be restricted by the terms of gift or purchase agreements,
donor
restrictions,
privacy and
publicity
rights,
licensing and trademarks. Some individual web pages and images on this
website are separately copyrighted. Written
permission of the copyright
owners is required for the transmission or reproduction of protected items
as provided by U.S. Copyright Law
(Title 17, U. S. C.) or by the copyright laws of other nations and the prohibition
against unauthorized or unlawful reproduction shall include all
United States
domestic use as well as protections afforded under any international forum
or law, including, but not limited to the General Agreement on Tariffs and
Trade.
The application of the United
Nations Convention on the International Sale of Goods is expressly excluded. We
do not make any representation that any content or use of this website is appropriate
or available for use in and
particular city, county, state, province, territory, nation, location or jurisdiction,
inside or outside of the United States, and accessing this website or our
content from where such use is illegal or prohibited by this User Agreement
is strictly forbidden. Access
to and use of this website and related content is limited to legal purposes
and activities, and you are responsible
for complying with
all laws and regulations including but not limited to any applicable local
laws in your locality, you agree that you will immediately pay any and all
taxes, including taxes due or assessed against any
party hereto, including
but not limited to any applicable sales, use, value added, income, property,
transfer,
inheritance, estate, or gift taxes, and promptly provide us with written
proof of payment upon request, and that any content
licensed
to
you
by us
is only for use of content that you are authorized and legally permitted
to use. Photographs
or other creative works, generally, are the physical property of collection
holding
them, while literary
rights,
including
copyright,
if any, may belong to the photographer, the authors or their heirs and assigns.
Quoted text in brief quotations (either surrounded by quotation marks and/or
indented as a block quote, or e-mail or electronic comment format) should be
understood to originate from the identified source
which
is
as stated in
the text,
and/or alternatively
indicated
by the presence
of a hyperlink
from the text (or portion thereof that is most informative as to the information
to be found by following the hyperlink) to the source, and/or the source which
is identified in a footnote, or an electronic message "From" header
or forwarded message "wrote" attribution, comment link, or message
signature, and is not original to or being attributed to our author; however,
when an extended passage
is
reproduced,
the attribution
style
is that
which
is used by the original source for attributing its quotations.
If you object to any of the forgoing
styles
for attributing source material, let us know the specifics of your objection
and refrain from using this website and its contents. Also advise us if you
discover any material that should be attributed and is not, or which is incorrectly
attributed. Nothing herein shall be construed as advertising or conferring
any license or right
under
any copyright,
except as explicitly
provided in the
paragraph on permissions, below, nor exceeding the
copyright interest, if any, owned by us). It
may be difficult or even impossible to determine what copyright or other restrictions
may apply to historical collections and archives and permission to publish
does not constitute a copyright
clearance or trademark clearance. Note that starting
recently, the
Union Pacific aggressively protects its logos and trademarks. There
are also no model or other releases known to exist for images on this website.
Often the owners only hold the physical rights and/or the electronic rights,
possibly
non-exclusive, to images or other content in their collections, and in some
instances the original content may be in the public domain and/or available
elsewhere, but we do not grant access, we deny permission to use our network,
equipment and trademark, and we decline to license use of copyrighted new material
to enable your
access to, copying or use of
any
content
from
this
website, except as explicitly permitted.
CPRR.org
copyright notices
provided on this website and the content herein, are for convenience only as
such notices are no longer required under current law, and should
be understood as
limited within proper legal bounds in their reference and
scope
to copyrighted
work
or any
other
interest protected by copyright law including, but not limited to, new
material, text, images, computer code, derivative
works, compilation, and other original
content that is under
CPRR.org copyright and should not be misconstrued to
apply to non-proprietary content that you may be able and should, if desired, obtain
elsewhere, nor
to claim exclusive right or limited monopoly under copyright law not granted
CPRR.org by the Copyright Office, nor for any portion in the public domain,
so use restrictions thereupon are based on contract, not copyright, and you
may be permitted to freely reproduce other original copies which you are
able to locate and purchase or that are owned by others
but to which you are able to obtain unrestricted access
elsewhere,
and consequently to be able to independently develop rival
products, although other originals may be expensive and/or
time consuming and difficult to find,
and access and/or reproduction fees – unrelated to copyright – are
commonplace at museums
and
libraries for
use of such materials in their collections. For example,
although access is restricted as provided herein, copyright is
not
claimed
with respect
to
reproduced
governmental
works, except that the
compilation
including such works is copyrighted, and copyright is additionally claimed
for original derivative works which are not mere copies of the governmental
works
and constitute
additional content and/or new material that may supplement and/or substitute
for the public domain original. When copyrighted materials are intermingled
with a public domain works, and especially when new
creative derivative works are systematically substituted for damaged public
domain content, case law precidents are difficult to apply
to new digital technology,
and permissions requirements
are extraordinarily fact sensitive and difficult to analyze, great caution
must be exercised, and you may need to seek qualified legal advice. You acknowledge
and agree that you may not engage
in
free-riding and CPRR.org does
not grant
and
shall
retain
all
rights in this website and its content, however obtained by you, or in content
otherwise obtained from us, including all extraction and utilization
rights, and
regardless
of
whether
content has been extracted herefrom by you or not, nor may you make any substantial
withdrawal of data including but not limited to accumulation of small portions
at any
given time. We regret that
we are unable to provide legal advice regarding rights clearances, copyrights,
or other legal
matters
and
urge you to consult an intellectual property attorney if you have legal concerns.
If the source credit for particular images or other content is not stated,
it may be unknown or anonymous.
Photo credits including but not limited
to statements on this website or in our e-mail(s) that particular image(s)
or other
content is from or "Courtesy of [a named donor.]" are
included only as a source credit and/or "thank you" for donations
and should be considered by you when determining what rights clearances may
be needed, but may be missing, incomplete, or erroneous and may not be relied
upon to determine ownership for purposes of obtaining permissions and copyright
clearances, nor may any donor or third party give you permission to
download or use any image or other content from this website, nor shall we,
this website, or CPRR.org become or be considered a party to any transaction
you
enter into
with any third party, donor, or linked website. A quoted attribution of source
credit should never be understood to indicate that the CPRR Museum obtained
access from the named source, nor to imply that there is in existence any contract
to which the CPRR Museum and the quoted named source are parties respecting
usage rights; such quoted credits are reproduced for informational purposes
only, not as our legal notice, and will be removed upon request, for example,
if they become a source of confusion regarding rights clearances. Description
of any third party product, service, or activity or a link thereto does not
imply
any determination
regarding its quality, suitability, safety, or lawfulness, which is entirely
your responsibility. Making copies to save the expense of licensing
authorized copies is unathorized commercial use. You stipulate and agree that
unauthorized copying of one
or more images or other content from this website in lieu of licensing
a sufficient number of authorized copies where such work is available
for license in the medium or format desired shall be conclusively presumed
unfair, will substantially and adversely impact us,
and, notwithstanding any safe harbor guidelines promulgated by others or case
law to the contrary, and you hereby
waive the right to claim or assert that
such
unauthorized
copying
in
lieu
of licensing
constitutes "fair use" or
does not constitute willful infringement. Making additional copies beyond what
is authorized by this license is not
fair use.You further stipulate and agree
that any copyright registration granted to us by
the United
States shall be
conclusively presumed to be a valid copyright of all of the content of this
website and all portions thereof in all jurisdictions, and that such copyright
shall apply to each image depicted on this website,
and to variations of such images, including, but not limited to changes in
the size, resolution, image
format, or tangible form of expression.
We make no representations or warranties with respect to ownership of
or copyrights or trademarks, if any, in images or other content on this website
or obtained from us, and do not represent others who may claim to be authors
or
owners
of copyright or other rights thereto. You shall obtain all permission(s) when
required and are solely responsible for determining the existence of such rights,
satisfying any copyright and
other
use restrictions,
intangible
rights,
or
related
interests, for obtaining
any and all permissions and releases, for guarding
against the infringement of those rights that may be held elsewhere, and for
paying
any
associated
fees
necessary for the reproduction or use of the materials and for rights
to any proprietary material depicted. You expressly assume all responsibility
for observing applicable laws of copyright,
trademark, literary
right, trespass, conversion, property right, antiquities,
privacy, publicity, and libel. You
acknowledge that digital images on this website or obtained from us are our
valuable property,
that viewing of images and other website content is a valuable consideration,
that you are additionally receiving
something of value due to the convenience of viewing or obtaining content
in the manner and format
provided, and
agree
that
all provisions of this User Agreement including but not limited to use restrictions
shall additionally apply
on a contractual basis regardless of
the copyright
status of any image or other website content.

DISCLAIMER OF ENDORSEMENT:CPRR.org
does not recommend or endorse external websites which
should open in a new browser window, where possible. We are not responsible
for content on external web sites, nor for the opinions and/or unverified
assertions that may appear on this website or elsewhere. This
is the "wild west" in more ways than one. Anyone can post comments
on this website or provide information, and no expertise, verification, peer
review, or regulation should be assumed.
We do not recommend,
endorse,
or vouch
for
any
third party
or their information, comments,
opinions,
content, product, service, offer, sale, purchase, or auction. It is entirely
your responsibility to verify information, honesty, and reputation, to determine
what buyer,
seller, or other conflicts of interest may exist, and to obtain expert advice,
appraisal, and escrow services when needed. This website may be hosted by CPRR.org
on
one
or
more web
servers,
each with their own domain name(s), and
also has hyperlinks or references ("links")
to other "third-party" external websites that are not part of the CPRR Photographic
History Museum, are beyond our control, and may include information regarding
third party offers. CPRR.org
has not investigated or verified the legitimacy of such merchants, does
not endorse, is not a party to, and takes no responsibility for third party
offers whether on a linked website, published on this website, or found elsewhere,
nor for the persons or entities operating such websites, or posting comments.
If you choose to do business with such third parties, which you agree is
entirely
at your
own risk, we strongly urge you to check bestprices, verify the merchant'sreputation,
and make payments only by credit card so that you will have the possibility
of recourse by initiating
a
chargeback should
the
merchant
prove dishonest, and you agree not to complain to us if you don't follow
our advice and as a result have a problem or loss. All
trademarks and brands are the property of their respective owners, and any
use of
third-party trademarks on this website is for nominative
and/or descriptive purposes only, and does not imply any third-party
affiliation, sponsorship, or endorsement. You
agree not to use any of our names, pseudonyms, domain names, or marks in
any advertising,
publicity,
or in any other commercial manner
without
our prior written consent, and you may not claim that this website or its
content is yours. The CPRR Photographic History Museum's
author, CPRR.org, publisher, copyright holder(s), other rights holders, licensor,
and other parties
that provide, operate, and/or license this website and its content (and their
officers, directors, shareholders, representatives, agents, affiliates, employees,
consultants, service providers, and
servants), or the like
("we" or "us")
have no control over or responsibility for other websites' content or availability,
or for changes therein, nor for the accuracy of information published or submitted
by others, including but not limited to offers made by third parties, and
we
are not affiliated with, sponsored or endorsed by any named or linked railroad,
museum, library, company, institution, organization, contributor ("donor"),
book author,
publisher, seller, auction, website, or other third
party, nor shall any information or link on this website be considered a listing
of
any
item
for
sale or auction,
nor shall any third party offer be considered an offer by us, nor shall the
contents of any linked website be used for any purpose other than authorized
display. No relationship exists between this website and any linked third-party
website or named third party, except as stated herein, any statement on a
third-party website to the contrary should be disregarded,
and no inference or assumption should be made and no representation is implied
that the CPRR
Photographic
History Museum, CPRR.org or its affiliates in any manner operates, edits,
or controls
any third-party website nor such third-party website's services, products,
or information, even if, and not in limitation hereof, such third-party is
acknowledged as a donor. Specifically,
but not in limitation of the foregoing, the Central
Pacific Railroad Photographic History Museum
is not affiliated with, connected with or otherwise sponsored or endorsed by
the Union Pacific Railroad, the California
State Railroad Museum, nor the Welch rail town
of Llanfairpwllgwyngyllgogerychwyrndrobwyll
Llantysiliogogogoch. CPRR
Photographic History Museum, CPRR.org and its affiliates disclaim, do not
recommend or
endorse,
are not
a party
to, and take no
responsibility for third party offers, including but not limited to those which
may appear on this or any linked website nor in any e-mail or other communication. Links
to other websites, credit lines, announcements about books and other products,
services, or offers, and responses to e-mail inquiries, are provided
solely
as a convenience for informational purposes only and at the discretion of CPRR.org,
do not imply permission, membership, or affiliation, shall not in any way
be
construed
as or constitute
a description, accurate depiction, position regarding any issue in controversy,
authentication, appraisal, sponsorship, nor a recommendation or endorsement
of any website, product, service,
activity, business, organization, or person, and any offers, products, services,
statements, opinions, content or information on any linked third-party website
or third party submission included, mentioned, or described on this website
are those of the respective author(s) or owners and not those of CPRR.org. Caveat
Emptor! – Caveat Venditor!Caution: The
CPRR Museum has never given permission for use of our name or website in
connection with any on-line auction. By your
following a link to
other website(s), this site does not thereby modify, copy,
or reproduce
information
on the third-party
website,
and all
such data
is sent directly from the linked website to your browser without any intervention. The
Uniform Resource Locator (URL) of the third-party website being linked can
be seen (with most web browser software) in the lower left-hand corner of the
screen by placing the mouse cursor
over the link or otherwise determined by use of your browser, and also appears
as the new location at the top of the screen (new browser window) after a
link
is followed, so there can be no confusion as to the source of linked material,
and all trademarks and copyrights relating to all such third-party website(s)
are owned and controlled by the third-party website(s) unless stated otherwise.

You agree to immediately notify us if
you have any reason to believe that our activities in any way infringe on copyright
or other intellectual property rights, or constitute copyright misuse under
common law, as our policy is to lawfully protect intellectual property and
be cooperative with
content users and providers, and to respond promptly
to any notice received of alleged infringement or misuse of intellectual property
laws such
as copyright, including, but not limited to, by removing, pursuant to the DMCA,
any website content claimed to be the subject of infringing activity. Any third-party
owned intellectual property inadvertently included on this website without
necessary permission or any
link on this website to a third-party's
website or intellectual property will be removed upon the copyright owner's
documented request or
software can be used by third-party websites to block undesired requests or
links. The CPRR.org domain's "Administrative Contact" (shown in
the internet Whois database) is the "designated
agent" to
which to report
via e-mail alleged copyright infringements on
this website under the Digital Millennium Copyright Act, P.L. 105-304 (or
to send other legal notices) and such notification should identify in sufficient
detail the allegedly infringed copyrighted work (please also specify your
copyright
registration
number);
provide
sufficient
information to allow us to identify and contact you; include the statements "I
have a good faith belief that use of the copyrighted materials described above
on
the
allegedly
infringing web pages is not authorized by the copyright owner, its agent,
or the law." and "I swear, under penalty of perjury, that the information
in the notification is accurate and that I am the copyright owner or am authorized
to act on behalf of the owner of an exclusive right that is allegedly infringed.";
and include your signature. We take very seriously being put in legal
jeopardy and/or having our limited resources squandered, so do not donate,
send, or sell to us content that has any associated use restrictions, which
you
don't
want
to
be online,
or
which violates our donations
policy, as removal
from this website of content previously provided by you and any associated
tasks which are required to respond to and/or comply
with a takedown
notice
(or in response to
a
removal request
initiated by you which we chose to act upon
at
our sole
discretion) will be charged to you at the published
hourly rate for custom modification to the website for the wasted efforts
both in creating the original web content to be removed and for its removal,
in
addition to any legal fees, and other costs and liability
incurred. By
sending a communication directly or indirectly to CPRR.org notifying us of
the availability of your product, service, or
website,
or
by soliciting
a
link,
you thereby grant
us permission to link to your website and to include at our sole discretion
your graphic(s) and/or logo or images derived therefrom, text, or other content on our website with
the link(s), e-mail address, name, physical address, or other third party identifier. For the sole purpose of enabling
and/or increasing the speed of immediate personal educational non-commercial
internet viewing
of this website as it currently exists, and as authorized herein, it is permitted
to cache and/or
buffer transient digital copies of this website or portions
thereof, provided that: (1) the cached and/or buffered copies expire
and are automatically and permanently erased following a brief period of storage
(while the storage medium is under the continuous possession of the licensee),
are not further moved or copied except transiently into volatile memory from
which
they are promptly erased to enable immediate
viewing
by a
web browser
as permitted hereunder, are not archived or retained, and are not written
to an off-line
or non-erasable
medium; (2)
the domain name, URL/internet address, and the content and appearance of this
website
and
this user agreement are not changed or abridged, and the operation of the website
is not impaired; and, (3) all copyright, user agreement, and other proprietary
notices are presented in full and without modification, and all functionality
retained. It is the intention of the parties hereto that, unless advance permission has
been obtained, all copies otherwise or inadvertently downloaded, including
but not limited to,
due to
browser operation,
pdf viewing, malfunction, configuration, or misconfiguration, and including
copies downloaded in accordance with this user agreement, or in violation
hereof,
shall similarly
be transient copies, according to the forgoing, and you agree not to retain
and to yourself personally (and not using a third party) promptly manually
delete and erase
all such
downloaded
copies,
files,
or
other
content
from this website, that are not or will not be automatically deleted and erased. CPRR.org
takes no position regarding the ownership or intellectual
property rights or potential rights of any party by submitting
a request or making application for permission to include images and/or
other
information
in this website, nor by linking, nor by indicating credit for any contribution(s)
to this website.

Links from other websites to <http://CPRR.org>
are a welcome and permitted use of this website,
however, by granting such permission, CPRR.org
does not grant permission for links to individual image(s) ["inlined link(s)"]
or to other elements or content of this website, nor to frame
pages on this website within pages on other websites, nor to add advertisements
or links to pages on this website. A link from another website to
this website grants CPRR.org permission for a reciprocal link including,
at the option of CPRR.org, the linking website's logo, banner, or image
derived therefrom, and permission, but not an obligation, in the event
that such reciprocal link(s) becomes for any reason inoperative, for CPRR.org
to mirror royalty free any internet content, or portion thereof, that would
otherwise cause a broken link, or to use a third-party's mirror or archive thereof. New
users
should
first
visit
the Welcome
page at <http://CPRR.org>. You may refer to this website only
as the "Central Pacific Railroad Photographic History Museum", may refer
to the author only as "CPRR.org", and may link only using the URL "http://CPRR.org",
and no alteration of the website name, author, or URL is permitted, nor
is it permitted to disclose or publish the name or other personally identifiable
information regarding any person or legal entity, as author, contributor,
or other affiliate with this website without explicit written permission.
Specifically, but not in limitation of the foregoing, indexing and/or linking
to any URL at our website containing "/images/" and/or ".jpg" or ".jpeg"
or ".gif" or ".tif" or ".tiff" or ".ppt" or ".pdf" (and whether
lower case or upper case characters are used) in
the
internet address is specifically prohibited, nor may you link to any content
on this website
in
such
a way that
would make such content accessible without display of our copyright, proprietary,
and
other legal
notices,
and related copyright management information, except
for
use
of
logo
images
accompanying
links
to
this
website
as specifically permitted, and you agree to follow
the indexing rules specified in our robots.txt file
and
robots metatags, and to refrain from operating spider software
in violation thereof. You may not access any webpage, file, image, data,
or
portion
of our web server except using a URL which appears as a link on our website
or
is
provided
to you by CPRR.org. Our webserver may additionally host or this website may link
to
one
or
more
third-party
websites
of descendents of Lewis Metzler Clement, their spouse, or legal entities
which
such individuals
control
("family members") which
may
have
their
own
domain
name(s)
and
aliases;
such
websites
are
not part of the CPRR.org Museum, however, all disclaimers, liability limitations,
dispute resolution provisions, and like provisions hereof which protect us shall
apply to such family members' websites and to such family members
and
shall
inure
both
to
our and the family members'
benefit, and all provisions hereof shall apply to the use of this
website and our webserver by all third party family members;
even
if
technically
possible,
you
may
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access such family members' websites using the CPRR.org domain name or its aliases
listed
on this website,
nor
may you access the CPRR Museum website using such family member's website's domain
name(s)
or aliases.
When
links,
descriptions, or other references to this website, its content, and/or
content obtained from this website are removed from another website, whether
at your discretion or at our request, such removal shall be total and complete,
leaving no trace or indication on the Internet or elsewhere of the removed
content or link(s), with no remaining partially functioning or broken remaining
code, nor broken link(s), nor archived copies, nor shall any statement,
caption, link, or rant describing, containing, or referring to the removed
link(s) and/or content or any related communications remain or be added or published.

CONFIDENTIAL
INFORMATION: You acknowledge and agree that the CPRR
Museum includes but is not limited to text, images, graphics, e-mails, or other
material or content and any product, service, information, content, software,
message, advertisement or any other work found at, aggregated at, contained
on, distributed through, linked to or from, downloaded to or from or in
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other manner accessed, and is confidential to CPRR.org and protected by proprietary
rights and laws and that disclosure, including but not limited to copying,
reproduction,
and/or retransmission or other unauthorized use, or providing access to this
website or its content to anyone who does not accept this User Agreement
is strictly prohibited, and specifically,
but not in limitation of the foregoing,
you
agree not
to
make
disclosure of such confidential intellectual property and proprietary trade
secret information on and comprising this website or portion(s) thereof
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third party who has not previously agreed to and is contractually bound to
the terms and conditions of this User Agreement, and stipulate that such
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shall constitute contributory and vicarious infringement of our copyright and
other rights hereunder. Furthermore, but not in limitation of the
foregoing, you stipulate and agree that the digital modifications, enhancements,
and/or
restorations of images shown on this website which visually distinguish such
images from the original from which they were derived and/or from other
originals
or copies
thereof are trade secrets of such detail and type that human memory cannot
retain or duplicate, and that such modifications, enhancements, and/or
restorations
are not apparent from inspection of only the modified images, so that the human
web viewing of such images as authorized herein does not make possible
disclosure
of such trade secret information, and such disclosure requires copying by photographic,
mechanical, electrical, or digital means or the like which is only authorized
by specific permission. In the event that any
unauthorized disclosure, misuse, misappropriation, unauthorized display
or copying of or by this website or our content should come to your attention,
you agree to provide us with immediate written notice thereof.
Additionally, any information concerning this website or its affiliates
or the contributors to this website or their conclusions, views, and/or opinions
which is not published on this website is also understood to be proprietary
trade secret information and you agree not to disclose any such information
which may come into your possession which is not published on this website
and to also treat such information as confidential. Except as otherwise
specified herein, you agree that you will direct all communications relating
to us, to this website or the operation thereof, or regarding permission for
use of our images or other content, directly to us and not to any other party
or entity. You shall not release any information regarding us or your relationship
with us or our contributors, including, without limitation, in press releases
or
promotional or merchandising materials, without our prior written consent,
but we shall have the right to reference and refer to your use of our images
or other content for marketing and promotional purposes. You may not issue
any press release or other public statement regarding us, CPRR.org, the
donors to this website, or this User Agreement, without our prior written consent.
In particular, you
agree not to disclose or publish any information regarding the identity,
location, personally
identifiable information, the collections, or the opinions on issues of controversy
of anonymous
or pseudonymous authors or donors, nor, without our permission,
attempt to identify, locate, or contact them in any way, whether in person,
by telephone, e-mail, or otherwise, nor to violate their rights including
but not limited
to their rights of privacy and publicity. Specifically, but not in limitation
hereof, you warrant and agree not to make any disclosure nor take any other
action that might compromise the privacy or safety of any such donor, nor
the security
of their collection, nor which would reveal a donor's identity or the location
of their
collection. You further agree
to take
reasonable precautions to prevent any unauthorized use,
disclosure,
publication,
or dissemination
of confidential or proprietary information, and agree not to use confidential
or proprietary information for your own or any third party's benefit
without our prior written
approval, in each instance. When communicating with us, you shall not provide
us with any materials, writing, image, information, content, attachment, or
data that is private or confidential to you or any third party, and any notice, legend,
or label to the contrary shall be without effect,
and we shall be free to use anything that we receive from you in any manner
that we deem appropriate.

In the event that you disagree with the content, opinions, or policies of
this website or its author(s), your sole and exclusive remedy shall be to
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at our sole discretion. You agree not to
take any action that will impose a disproportionately large or unreasonable
load on our computer web server(s) or programs thereon, our network, or other
infrastructure, nor to interfere or attempt to interfere with the proper working
of our website(s) or any program thereon, as determined by us in our sole
discretion. Please be mindful of the large amounts of data transfer needed
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allow viewing of
the
CPRR
Museum
web pages with multiple, large images, and avoid suddenly flooding the CPRR
Museum website with large numbers of unanticipated visitors. Suddenly
increased, excess web traffic on this website as a result of your actions,
including
but not limited to publicity, reporting, or recommendations to others regarding
this website on network television or radio or national publications or
media,
of more than one gigabyte of additional Internet data transfer per month, shall
be at your expense, and you agree to reimburse CPRR.org for the resulting
costs
at the rate of the then prevailing additional data transfer charge
made by the Internet provider(s) hosting this website. Access without
permission by software robot, software program performing multiple, automated,
successive requests, or other automated or high volume electronic process,
is specifically prohibited. Merchants identified or linked on this website
operate independently from the CPRR Museum, and we do not endorse any merchant
or assume responsibility for transactions conducted with them. CPRR.org may collect a small percentage on sales or other fee using affiliate, associated, or advertising website links, at no additional cost to you; thanks for your support when using such links! This website
is a member of the Amazon.com Associates Program, in association with Amazon.com.
Amazon.com® is the registered trademark of Amazon.com,
Inc. This website is an affiliate member of the HistoryChannel.com
Network. This website carries an Internet
Content Rating Association rating and other machine readable content
ratings to indicate its suitability for use by children, and displays the
ICRA logo,
use of which is subject to the ICRA terms and conditions and is not transferable.
The selection and placement of advertisements
linked on this website under the Google
AdSense program is determined automatically by a computer program
for presumed relevance to the content of the webpage on which they appear,
and have not been reviewed, endorsed, or approved by us; consequently maintaining
editorial
quality of "Ads by Google" is
the responsibility of Google.com.
Viewing of certain web content may require installation of additional software
on your computer, including but not limited to a pdf
viewer such as the free
Adobe reader; installation
of software is at your entire risk. Due to scanning and digital
restoration of
images,
the appearance of items may differ substantially from actual condition.
Please note that we are not responsible for typographical errors. Writings
converted to text by optical character recognition (OCR) or other transcription
from
the original are stored more compactly, display more quickly,
are made
available for computer searching of content, enable hypertext linking, and
may have increased legibility, but will contain transcription errors that
may not
be apparent and may include changed numbers, missing or moved content,
altered words or spelling, and garbled tables, and as such machine transcribed
text has not necessarily been completely proofread, it must be used
with caution. You may not rely upon the accuracy or timeliness
of images, text, or other content of this website and agree to independently
verify
and compare with and utilize the original whenever a high level of accuracy
is needed, nor should you attempt any act, event, or other information portrayed
on this website. Item descriptions may be based on unverified dealer,
seller, or author representations. The date "Last Updated" which appears
on many pages on this website is an approximation which generally signifies
the date of the last significant or major update, is not an automated file
modification date, is for convenience only, and may not reflect technical,
typographic, or
minor additions, deletions, or corrections, nor changes performed by automated
software made to multiple pages; consequently, if monitoring minor changes
on
a particular page is of interest, please use an automated notification
service. Use of this website and its content is entirely at your
risk and you are cautioned that excessive viewing could lead to railroad obsession
and/or marital
strife.
This educational website
and
its
content,
images,
links,
and related information is provided for informational purposes only. The
information supplied on this web site is general in nature and should not
be
relied upon to make decisions, designs, investments, or purchases. Past investment
performance is not predictive or indicative of future results, so you should
not assume that the purchase of any item or product made reference to directly
or indirectly on this website, or indirectly via a link to a third-party
web site, will be profitable in the future. You are
further cautioned that railroadiana collectibles, historic photographs, ephemera,
works of art, rare books, maps, and the like, are easily damaged thinly
traded highly speculative items which are difficult to price and for which
no established market likely exists and
may be
subject to large commissions or dealer markups, that produce no income, that
should be
authenticated
and purchased
only by those with sufficient expertise,
are not recommended by us for purchase, and if acquired need to be properly
stored, conserved, preserved, and insured,
should be
acquired for personal enjoyment and not
be considered
investments, are not diversified,
and
are unsuitable
for
most individuals. Before deciding to purchase such items, please consider
that your spouse or family may not understand or approve, and your children,
other heirs, or institutions may be disinterested and not
want
your collection which you may have difficulty in selling or even giving away
(for example, due to the cost of accessioning a collection, and the ongoing
expenses for storage and insurance). For
example, but not in limitation hereof, this website, its contents, or other
information
or opinion obtained from us may not be used to authenticate
or determine the value, age, rarity, or desirability of securities, antiques,
railroad equipment, photographs, artwork, collectibles, or the like, and does
not constitute
an
offer to sell, or the solicitation of an offer to buy any securities,
antiques, railroad equipment, photographs, artwork, collectibles, or the like
and must not be relied upon in connection with any purchase or investment decision.
Maps on this website or obtained from us are historical in nature, may
contains errors, do not reflect current conditions and such maps
are
not for use in
navigation. Neither
we, nor this web site and its resources are engaged in rendering transportation,
medical, engineering, artistic, pharmaceutical, navigational, environmental,
philatelic, scripophilic,
ferroequinologic, historical, academic, therapeutic, investment, nor legal
advice or professional services, nor may this website or information obtain from
us
be
deemed to constitute
or
be
used
as
a
substitute
for your obtaining needed advice from a qualified professional. You should obtain
professional advice as appropriate also because
the
application of laws and regulations will vary according to your particular
circumstances, and because laws and regulations change frequently. You should
not use the information on this website for self-diagnosis or for treating any
health problem or disease, including but not limited to any of the variations
of railroad mania, spouse inattention syndrome, internet addiction, or smallpox;
contact
your
health-care
provider
immediately
if you suspect that you have a medical problem.
As
built
or
current
conditions
may
not
be
accurately
reflected
in
historic
or
other descriptions or depictions,
i.e., your mileage may vary.
Please note that comments made during locomotive cab rides may include forward-looking observations
that
are
subject
to risks
and
uncertainties,
and
that actual destination
may differ
materially from these forward-looking directions. For more information on
the factors that could influence resulting destinations, including but not
limited to track curvatures,
please refer to railroad
timetables. Additionally, but not in limitation
hereof,
this
website,
its
contents,
or
other
information, images, data, or opinion obtained from us may not be used any
for safety, mechanical,
design, construction, building, engineering, or operational purposes relating
to railroad, aircraft, nuclear facility, or other equipment, or functional
models
thereof,
including,
but not limited to replica locomotives, "live
steamers," nor for any hazardous activity, nor for any activity that
could result in an accident, collision, derailment, fire, burns, scalding,
steam
explosion,
environmental
damage, or
in bodily injury or death,
nor for real estate descriptions, title searches, or transactions, nor for
any purpose where a misinterpretation or error could result in anything more
serious
that
a minor,
harmless historical
cosmetic
inaccuracy. We urge you to stay safe and bring to the attention of law enforcement authorities any concerns regarding safety or property damage and not to engage in dangerous or vigilante activities; You agree not to involve us or use this website in connection with any such activities.
Please
request permission if you wish to obtain a license
to use a thumbnail
image from this website, for example, for display on a personal portable
device such as a cellphone, PDA,
or iPod. The
contents of this website
and of any e-mail or other communication from CPRR.org
merely
represents the then current view of CPRR.org or the author
and should
not be interpreted to be a commitment on the part of CPRR.org or the author,
nor an expert opinion.
Opinions expressed on this website or other writings may be those of other
information
content
providers, or historical content, including but not limited to contributing
authors, individuals sending us messages or other content donated for publication
on
this website, or persons posting comments, and are not necessarily those of
CPRR.org, and should be presumed to be unvetted. It shall be entirely your
responsibility for verifying the accuracy of information and sources, and
the
qualification, if any,
of individuals, upon which you choose to rely. For purposes of robust
immunity from
liability for publishing
false or defamatory material, we "shall
not be treated as the publisher or speaker of any information
provided
by another information content provider." Caveat lector.

ENTIRE AGREEMENT: You agree that this web page alone
constitutes the entire User Agreement, that it is the complete and exclusive
statement of your
agreement with us, that it sets forth our entire liability, all representations
made, and all warranties or commitments that are binding upon us, that it is
not intended
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supersedes all prior agreements
and representations
between the parties, that no variation of the terms of this User Agreement
will be enforceable against us, that it is subject to change which shall be
effective immediately,
and
you waive the right
to claim, contest, or assert that this User Agreement was modified, canceled,
superseded, or changed by any oral agreement, purchase order, e-mail, notice,
or other writing, course of conduct, waiver, implication, or estoppel, nor
may you rely upon the representation(s) of any donor. THE TERMS AND
CONDITIONS ARE LIMITED TO THOSE CONTAINED HEREIN AND ANY ADDITIONAL OR DIFFERENT
TERMS IN ANY FORMS, MESSAGES OR MESSAGE ATTACHMENTS DELIVERED BY YOU ARE HEREBY
DEEMED TO BE MATERIAL ALTERATIONS AND NOTICE OF OBJECTION TO THEM AND REJECTION
OF
THEM
IS HEREBY
GIVEN. Any
attempt to transfer any of the rights, duties, or obligations hereunder except
as expressly
provided for herein is null and void. In the event of
a dispute, the parties hereto agree to resolve the dispute
by looking to this User Agreement. This User Agreement
shall not limit any rights that we may have any under intellectual property
or other law, including but not limited to copyright, trade secret, or contract
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User Agreement shall not be canceled, modified, amended or in any way altered,
nor may it be modified by custom and usage of trade or course of dealing.
No one has the authority to vary these terms and conditions, nor to make any
additional commitments, representations, or warranties which do not appear
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representation, or warranty made by anyone affiliated with this website which
is inconsistent with this User Agreement be binding. Consequently you
may not send us your contracts, offers, requirements, forms, e-mail attachments,
purchase orders,
files, gift restrictions, confidentiality notices, or other communications
containing terms and/or conditions which differ from this User Agreement which
if received
in violation of the foregoing will be ignored if possible, and will have no
effect, but which may if deemed necessary in our sole discretion be subject
to legal review at your expense. Due to the inherent risk involved with
attachments to e-mail and with html contained in e-mails, and our inability
to verify the contents of e-mail, attachments and html content may not be opened,
read or saved, and attachments may be deleted automatically by spam filters,
so you must ensure that the entire content of your message is available as
text contained in the body of your e-mail. Our failure to respond or
take affirmative action in response to any communication or information sent
or provided to
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information, did not read it, chose not to respond, or disagreed, and should
not be construed to indicate our acquiescence, agreement, approval, or consent. Specifically,
but not in limitation of the forgoing, this restricted rights website and any
related software, data, images, or other content are not available for
licensing to United States Government End Users or others under the terms of
FAR
52.227-19 ("COMMERCIAL COMPUTER SOFTWARE–RESTRICTED RIGHTS"),
but only under the more restrictive terms as set forth
herein, and constitute proprietary, trade secret, commercial data which is
not subject to, and may not be disclosed under the disclosure provisions of
any
federal, state, local, or other law. Sponsored links
on this website automatically continue and renew for the number of months initially
chosen, or for six months periods if otherwise unspecified, unless and until
you give prior written notice by e-mail of cancellation, however, we reserve
the
right to cancel sponsored links at any time by giving you written notice and
making a pro rata refund; sponsors should schedule such timely periodic payments
and not expect or await reminders. Recommendations and information are not
intended to replace well-structured policy or sound judgment and do not address
individual or site-specific issues, so you must take care when
using or implementing to address individual or local operational and policy
concerns.

Order Acceptance Policy: Your submission of an order and/or receipt of an
order confirmation, automated or otherwise, does not signify our acceptance
of such order. We reserve the right to cancel any order that we deem necessary,
at our sole discretion, regardless of the order status or whether you have
received a confirmation of the order. We reserve the right to require additional
information
from you before accepting or processing any order.

Use
of a CPRR.org e-mail "from" or "reply-to" address does
not mean that the message came from us and even if authorized does not imply
any such authority or affiliation
with CPRR.org or this website, nor an ownership or agency relationship, and
any claimed authority, title, affiliation, ownership, or relationship by any
person or entity not stated on this website shall be conclusively presumed
to be invalid and may
not be
relied upon. Any message received from us whether by fax, e-mail, or
other method, including any attachments, contains confidential information
intended for a specific individual and purpose and is protected
by law. If you are not the intended recipient, please contact the sender
immediately by reply e-mail or fax and destroy all copies. You are hereby
notified that any disclosure, copying, or distribution of such a message, or
the taking
of any action based
on it, is strictly prohibited. You are warned that computer viruses can
be transmitted via e-mail, so the recipient of any e-mail should check it and
any attachments
for the presence of viruses. (Computer viruses and spammers frequently forge
e-mail "from" addresses that they copy from infected computers or
from the world wide web, so, unfortunately, there are many more unlawful e-mails
sent pretending to come from us than e-mails that we actually send.) Even
if the e-mail is legitimate, neither we nor the sender
accepts liability
for any damage caused by any virus transmitted
by
e-mail.
E-mail
transmission
cannot
be guaranteed
to be secure or error-free because information could be intercepted, corrupted,
lost, destroyed, arrive late or incomplete, or contain viruses. The sender
therefore does not accept liability for any errors or omissions in the contents
of any message or attachment, which arise as a result of e-mail or other electronic
transmission. Providing your comments posted
or sent to the CPRR
Discussion Group, other
than anonymously, i.e., that include your e-mail address, may be taken to indicate
your request to receive
CPRR
Discussion Group e-mails; send requests to be removed from the CPRR Discussion
Group e-mail list to museum@CPRR.org. Unless indicated otherwise, please understand
that opinions expressed in such submitted comments are personal statements
only, and do not necessarily reflect the views or any organization or employer..

CPRR.org and any of its subsequent
assignees may assign this User Agreement, in whole or in part, or any of its
rights or delegate any of its duties hereunder to any party. This User Agreement
shall be binding upon and inure to the benefit of the parties hereto and their
respective permitted successors and assigns. The parties agree and acknowledge
that no third party has or shall have any rights as a third party beneficiary
or otherwise arising from or relating to this User Agreement. We
reserve the right, in our sole discretion, to amend, modify, add, remove, or
change these terms or
portions thereof at
any time,
without
prior notice, and to revoke permission for any cause or for no cause. You agree
to be bound by any such amendment and assume the responsibility for periodically
reviewing this User Agreement with respect thereto.
Any changes become effective immediately or upon posting of the revised User
Agreement on this website, so please use a notification
service and
check this website online periodically for such changes. When changes are
made we will update this User Agreement on our website, and our website will
be
updated on the effective date, unless an immediate change is necessary, for
example, to maintain security or unless a law, rule or regulation requires
that it be updated at an earlier time, but if such a change is made, and it
can't be disclosed without jeopardizing security or for some other urgent or
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will be updated within thirty days after the change. Your continued use of
this website or of any content obtain from or through us following the
effective date of any such modification of this User Agreement will show your
consent, and continuing consent to this User Agreement and to the modification. Contractually
imposed use restrictions as specified herein may be more restrictive that
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this contract you waive certain statutory rights, including giving
up your fair use rights under
copyright law, and will be bound by the waiver. Continued
use of this website or its contents indicates and shall be deemed to constitute
your
affirmation
of
your
agreement
to this
entire User Agreement, including all such restrictions and any changes.
To immediately stop using this website and its content is your only remedy
should you not agree to any of the terms of this User Agreement, as amended.
The terms and conditions of this User Agreement shall apply to all images,
text, e-mail, webpages, and other content and to all our intellectual property
wherever
located, including this website, and including copies thereof in whole or part,
or derived therefrom, regardless of the form, electronic, printed, or other,
whenever or however obtained, including but not limited to when obtained from
third parties with or without our permission. This website contains
thousands of legal notices regarding this User Agreement, Copyright, ownership,
etc., which serve to alert visitors to this contract and related intellectual
property
licensing issues, etc., however, in the event that the language of such notice(s)
is
inconsistent with the
language
herein,
the
language
of
this User Agreement shall prevail, and the location of each of such multiple
notices shall be disregarded when construing this instrument and the notice
and merely
reflects
the need
to take
into account the non-linear organization of a website, the ability to search
a website by computer, and related technical issues and style, so that there
is no single website location where a notice could be placed that would
be fully equivalent
to a single notice placed at the
front
of
a
book, so that multiple such notices are needed. (For example, the
phrases "no downloading" or "no copying" or the like when
used in various notices on this website are employed and should be understood
as a shorthand
for the prohibition of obtaining
and
retaining in whole or part an electronic or print copy of one or more of
our digital
files or other content
in violation
of this license, and does not refer to the transmission of content
from this website's
server
to the temporary cache of your web browser, and subsequent automatic erasure,
as necessary to allow permitted webpage and image viewing using your computer
and as is allowed according to the terms
of
this User
Agreement.) All notices under this User Agreement shall
be in writing,
such as e-mail,
therefore,
and not
in
limitation
hereof,
notices to you may be posted on this website or sent via e-mail. We reserve
the right to provide communications on paper, but you agree that we are not
obligated to use paper and may at our sole discretion communicate electronically.
Our records,
kept in
the regular course
of operating this website and related e-mail,
shall
be
presumed to
accurately reflect the contents of your instructions or other communications
to us and our reply(ies) or other communications to you, if any, and in
the absence of manifest error,
will
be binding and conclusive. A printed version of this User Agreement shall
be admissible in arbitration, judicial, or administrative
proceedings
to the same extent and subject to the same conditions as other business documents
and records originally generated and maintained in printed form. This
User Agreement, and any e-mail, facsimile, or other communications between
you and us that is or can be printed by a computer onto paper, whether
electronic or on paper, shall be considered to be "in writing" and
you should print a paper copy of this User Agreement and any such personal
electronic
communication that is important to you and retain the copy for your records.
If you are unwilling to receive this User Agreement, licensed content,
or other communications from us electronically, you may not use this website
or otherwise license content from us. Clause
or paragraph titles, headings, translations into languages other than
English, emoticons, html tags, image titles, and/or pop-up answers to frequently
asked questions
are for
reading
convenience, and
hyperlinks
are for convenience
in accessing related information, and all shall be disregarded
when construing this instrument, as shall the
historic "Special
Information All Should Read," the discussion of "forward-looking
observations ... and ... resulting destinations," the Google Adsense advertisements,
the pithy italicised quotations of Einstein, Shaw, etc.,
the "ACHTUNG! ... " Computer Warning, and the "Statement
of Environmental Policy," nor in any way limit, define, construe
or describe the scope or extent of such portion of this User Agreement,
nor in any way affect this Agreement. References
herein to the CPRR.org internet domain shall include any alias or
mirror domain names or numbers. Receipt and/or use of any donations shall
be governed entirely by this User Agreement and shall not constitute agreement
or acceptance of any additional terms and conditions contained therein
which
shall be null and void. You may not transfer or assign this User Agreement
and any such transfer or assignment will be null and void and of no force
and effect. You further
agree to refrain from engaging in any conduct that is, or that we determine
to be, in violation of this User Agreement. You acknowledge that remedies
at law may be inadequate to protect against breach of our intellectual property
rights, as prohibited under this Agreement, and you agree to the granting of
injunctive relief without the posting of a bond or undertaking, for the protection
of terms laid out in this User Agreement without proof of actual damages.
You agree to undertake at your expense any measures and/or legal actions necessary
to protect and defend our intellectual property by counsel reasonably accepted
by us, and upon request to cooperate with us when we need to do so, and to
cooperate with us as fully as reasonably required in the defense of any claim
or in asserting
any available defenses. We shall have the right at our sole discretion
to assume the exclusive control and defense of any matter. You agree that
you will not settle any action or claims on our behalf without our prior written
consent.

Your relationship with us is and at all times shall remain one of licensee
and licensor, and nothing in this Agreement shall create any other relationship
between us,
including but not limited to not creating any joint venture, joint employer,
franchisee-franchisor, employer-employee, professional-client, organization-member,
or principal-agent relationship between you and us, nor impose upon us
any obligations for any losses, debts, taxes, or other obligations incurred
by you or as a result of your actions. You agree that any time you
expend relating to this website is only for your enjoyment and educational
purposes and/or your educational hobby or collection and is not labor on
behalf of us or our website, and that while you may donate
property, including intellectual property (for which gifts we are most
grateful!), you may not and agree not to work on our behalf or donate your
labor to us, nor allow us to determine the manner or result of your activities
or accomplishments, nor shall there be any economic exchange thereby.
You shall not have the legal right or authority under this User Agreement to
make any warranty, promise, guaranty, representation or agreement in our name
or for
our account.

It shall be your sole responsibility to insure or self-insure against damage
or loss any valuable goods or other property which you own or are sending to
us, regardless of their location, or
while in transit, including but not limited to antiques, artwork, documents,
ephemera, books, or historic photographs, nor shall any such delivery to us
result in the creation of any loan or bailment, express or implied. You also
acknowledge that
good data processing practice dictates that all software
and
data must
be thoroughly
tested by you
using non-critical data before there is reliance on it.

Non-enforcement of any provision herein
does not constitute consent or waiver, and we reserve the right to enforce
such
provision at our sole discretion and at any time, without limitation, and regardless
of any delay after we learn of any violation of the terms and conditions hereof
and whether such delay be reasonable or unreasonable, and the waiver of any
breach of any provision of this User Agreement shall not be deemed to be a
waiver
of any preceding or subsequent breach, nor shall any waiver constitute a continuing
waiver. You agree to pay to us the hourly research charge and any additional
costs and/or damages resulting from your breach or attempted breach of this
User Agreement which may cause us to expend resources to research and/or to
block or attempt to block unauthorized access and/or violation or abuse of
our intellectual property, procedures as set forth herein, and/or computer
network
and/or to
prevent or attempt to prevent such access, violation, or abuse from occurring
or continuing. No
omission
or
delay
by
us in
exercising our rights or remedies will impair them, nor be construed as a waiver,
nor will any partial or single
exercise of a remedy or right preclude further exercise of any other remedy
or right. Each of the rules, terms, and conditions set forth in this User Agreement
stand alone, and any such provision which is inconsistent with the applicable
laws then governing will be deemed to have been modified by us and applied
in a manner consistent with such laws. If
any portion of this agreement shall be held unenforceable, invalid or inoperative,
then, (a) the remainder of this agreement shall be
considered
valid and operative, and the remaining provisions shall be nevertheless carried
into effect, (b) insofar as it is reasonable and possible, effect shall
be given to the intent manifested by the portion held unenforceable, invalid
or inoperative, and such portion shall be reformed only to the extent necessary
to make it enforceable, and (c) and, if further required to give effect to
the original intentions of the parties hereto, such invalid or unenforceable
provision
shall
be replaced by a mutually acceptable provision,
which being
valid, legal
and enforceable comes closest to the original intentions of the parties to
this User Agreement and has like economic effect. You agree that in the event
that any prohibition hereunder on copying is held unenforceable,
that in lieu of the prohibition you will instead pay us
use fees according to the published schedule
for commercial use for
all copying. The
language of this User Agreement shall be construed as to its fair meaning and
not strictly
for
or
against any
party.
WE WANT TO FULLFILL ANY OBLIGATIONS THAT WE MAY HAVE AND CONSEQUENTLY REQUIRE
THAT YOU TELL US PROMPTLY IF THERE IS A PROBLEM AND GIVE US
THE OPPORTUNITY TO TAKE REMEDIAL ACTION. IF YOU SHOULD CONCLUDE OR DISCOVER
FACTS WHICH REASONABLY
INDICATE THAT WE HAVE VIOLATED THIS USER AGREEMENT, OR FAILED TO PERFORM ANY
OBLIGATIONS THAT WE MAY HAVE, OR HAVE BREACHED A LEGAL DUTY, OR HAVE MISUSED
ANY LAW OR REMEDY, OR THAT WE HAVE BEEN NEGLIGENT, YOU ARE REQUIRED TO DIRECTLY
NOTIFY CPRR.ORG BY E-MAIL AT THE
EARLIEST
OPPORTUNITY BUT WITHIN 12 HOURS, AND TO FOLLOW-UP BY PROVIDING ALL KNOWN SPECIFICS
AND DETAILS BY E-MAIL NOTIFICATION TO MUSEUM@CPRR.ORG WITHIN TEN DAYS. IF YOU
FAIL TO GIVE THE FOREGOING TIMELY NOTICES TO US, YOU SHALL THEREBY
IRREVOCABLY WAIVE ALL
CLAIMS AND CAUSES OF ACTION. You agree that regardless of any statute or law
to the contrary, any claim or
cause of action arising out of or related to use of the CPRR Museum or this
User Agreement must be filed by you within one (1) year after such claim or
cause
of action
first arose, and regardless of when discovered, or be forever barred. The
parties hereto stipulate and agree that (1) as the physical premises of the
CPRR Museum
consist
of the
Museum's
Internet webserver(s) and storage components thereof, these shall be construed
as the Museum's real property, and (2) that the electronic signals created
when
the website or content thereof is used constitute the CPRR Museum's physical
personal property; neither of which shall be trespassed or converted by unauthorized
entry,
access, transfer, or use and our right to exclude others from trespassing and/or
converting such property or from our virtual network premises is not equivalent
to any rights
protected
by copyright. You also acknowledge that contractual arrangements between the
parties hereto are not equivalent to the general exclusivity provided by copyright. The
parties hereto further stipulate and agree that use of this website or the
content
thereof
in violation of this User Agreement causes actual and irreparable harm inflicted
by such conduct, constitutes a substantial interference with possession or
the
right thereto, and shall give rise to causes of action for trespass, conversion,
or the like, false advertising, federal and state trademark dilution, computer
fraud and abuse,
unfair competition,
misappropriation, interference with prospective economic advantage, unjust
enrichment, copyright infringement, and other causes of action as applicable,
and that no
remedy or election we choose shall be deemed exclusive but shall, wherever
possible, be cumulative with all other remedies at law or in equity, and
that each image
or graphic shall constitute a separate copyrighted work. We reserve the
right in our sole and unfettered discretion to deny you access to this website
at any time for any reason or for no reason.

ORIGINALITY: You acknowledge,
agree, and stipulate that image
restoration and enhancement demonstrated
on each of the images shown on this website, constitutes originality, is a
substantial variation and adaptation that is not an inevitable result of
the digital medium of reproduction, and does not consist merely of making
an
accurate,
faithful, slavish,
or mechanical reproduction of a degraded historic
photograph, map, or document
with
absolute
fidelity,
but –
to the contrary – such
creative artistry consists of, but is not limited to, manual artistic
personal
imprint, in each case creating a better new improved version recast,
transformed, adapted, and distinguishable from
the digitally scanned or digitally photographed image from which it was derived
(which is just the staring point, not the ending point of the restoration and
enhancement that typically alters every one of the thousands or millions of
numbers that represent each digital image), requiring individual conception,
judgment, numerous creative decisions, and execution and that the originality,
personal influence, and contribution consists of, but is not limited to, interpreting
each image and deciding on numerous
expressive modifications to multiple visual elements (involving a large number
of difficult and time consuming creative judgments of personal expression
requiring
true artistic skill and which are a product of our intellectual
invention) subjectively
deciding the artistic merit of how best to independently alter the image to
create additional added
portions of the digital visual image that were missing or obscured in the scanned
image,
change the apparent lighting and shading, replace removed blemishes, and
alter and transform the aesthetic appearance of the image intended to make
each
clearer,
sharper, more perfect, and more visually pleasing. Something of substance has
been added making the image so modified to some extent a new work and providing
a basis for asserting copyright for each such image.

HOW TO REQUEST PERMISSION TO PUBLISH PICTURES OR OTHER
USE:Once you have finished deciding which picture(s) you
are certain you will use, please write and tell us the web page's address
(URL) where you found each picture that you want to license. (Also
tell us the picture's caption or description if there is more than one
picture on that web page.) All permissions e-mails received are
binding
orders and must be specific, as available rights vary; no telephone
calls, please.IMPORTANT:Requesting permission signifies
your commitment to use
and immediately pay for the image(s), and your acceptance of this user agreement;
no exceptions. ORDERS ONLY! – ALL
ORDERS FINAL! Sorry,
but since the images are on our website for you to preview and we subsidize
the preparation and delivery of images
requested for publication or commercial use, which can be very time consuming
and
tax
our limited resources, content cannot be licensed "on approval," and
all permissions e-mails are only for placing a firm order for a use license.Requests
usually will receive a very quick response, except due to extended vacation
schedules at times during the summer months. Please don't send us a rant
without first reading our rants page.
If you are requesting use of our images
on your website, please first read this web use FAQ.

Severe additional penalty for publication of
images or other content stolen from this website; unlimited liability for subsequent
infringement: In
the event that you do not obtain permission
and instead infringe and/or violate this agreement by misappropriating and/or
publishing
unauthorized pirated copies
of images or other content obtained from this website, or by enabling, permitting,
facilitating, encouraging, promoting, soliciting, assisting, inducing, instructing,
or
encouraging others
to infringe, a copyright violation
and a trespass,
conversion, or the like,
which harms the CPRR Museum, for example by causing donors to be hesitant or
unwilling
to
allow
their images or other content to be displayed on the Internet, or if you publish
images or other content prior to making full payment of all applicable fees,
or
without including the legal notices and credits as required herein, you
agree to pay a penalty to CPRR.org for each unlicensed use, in addition
to any actual and/or statutory damages, expenses, and attorney's fees,
etc. which may apply, in the amount of fifty (50) times the undiscounted
commercial fee for licensed use in accordance with this user agreement,
agree to assign exclusively to CPRR.org copyright and all other ownership
rights, including but not limited to physical, contractual, and intellectual
property rights in any resulting work(s) which contain(s) or which is derived
from our intellectual property, this website or its images or other content,
and agree to immediately cease and desist any and all infringement of our
copyright or other proprietary rights, and of such rights of any third
party for which you shall also remain liable. Additionally, please
take special care to understand that in addition to direct infringement
by your theft and republication of our intellectual property, or if you
otherwise violate the terms of this license, you agree that such violation shall
result
in your unlimited liability for all resulting use and/or "secondary" infringement
by
third
and
subsequent
parties
who
obtain
our intellectual property from or through you, or as a result of your actions,
and you will be held fully responsible
(including penalties) – whether or not you have knowledge of their
actions at the time, whether or not you benefit
financially,
and
whether
or
not you have the right and/or ability to supervise or police such subsequent
resulting uses – especially should repeated and unstoppable use by others
result,
and you
are
specifically prohibited from taking any action that would permit, encourage,
enable,
or facilitate such unpermitted or viral distribution,
including but not limited to, by others who are not a party to this agreement.
[i.e., If you give away our images or other content without our permission
and/or in violation of this agreement, or encourage others to take them, you
agree
to pay as specified in this agreement
for all resulting subsequent
uses by others which are not authorized by us, whether lawful or unlawful, including
those resulting uses which you and/or we may, as a result of your actions, then
be powerless to control or prevent, and possibly may not even discover until
after the fact.]
Additionally, in the event that your actions or inducement in
violation of this User Agreement, or of applicable law including but not limited
to copyright,
trade secret,
or computer misuse statutes result in our being deprived of our exclusive rights
to ownership and/or control of the data and/or intellectual property we have
created
in
this
website
and its digital images and/or other content IN WHOLE OR SUBSTANTIAL PART,
or of the value thereof, or which would make such intellectual property
unlicensable, you agree to pay us liquidated damages in
the amount of the greater of five million U.S. dollars, the amount of copyright
infringement statutory
damages
per
image
or
other
content
for
each
and
every
infringement, the
appraised
market
value
of
this
website absent such actions, and the estimated commercial cost to create
a website of like complexity and content.

LEGAL NOTICE OF INFRINGEMENT
Please read this Legal Notice of Infringement ("takedown notice")
which applies to you only if you have violated this User Agreement, or made
any use of this
website
in
any way
not specifically authorized and permitted herein, in which case you acknowledge
timely receipt hereof, which you agree is sufficient notice, at such time
as
you commenced violation of this User Agreement. Additionally, if you
have received Legal Notice of Infringement from us via e-mail or otherwise,
this
Notice and the entire User Agreement is included therein by reference, and
you should also reread this entire User Agreement.
This Notice is authorized on behalf of CPRR.org, the owner of copyright and
other proprietary rights to this website, its images, and other content. Your
activities in violation of this User Agreement constitute infringement of the
exclusive rights to make copies and to distribute copies and constitute an
infringement
of copyright and/or other intellectual property rights, as well as a violation
of the User Agreement which is a binding contract entered into whenever use
is made of our website. We request that you immediately take all action
as may be appropriate to suspend these illegal activities. On behalf
of the respective rights owners including but not limited to the owners of
the
exclusive rights to all copyrighted material at issue in this notice, CPRR.org
hereby states that CPRR.org has a good faith belief that use of the material
in the manner complained in violation of this User Agreement is not authorized
by the copyright owners or other rights holders, their respective agents,
or
the law. CPRR.org hereby states, under penalty of perjury under the laws
of California and under the laws of the United States, that the information
in this notification is accurate, and under penalty of perjury, that CPRR.org
is authorized to act on behalf of the owners of the exclusive rights which
are
being infringed as set out in this notification. Consequently, CPRR.org
has never authorized the material to be disclosed or published by you or your
user(s) and display of the material could result in being held liable for violating
our proprietary rights. Your continued dissemination of this material
is in violation of CPRR.org's statutory, contractual, and other rights.
Therefore, CPRR.org demands that you immediately return and not retain any
copies of and cease and desist from disseminating the material obtained in
violation
of this User Agreement, including but not limited to all locations where the
information may be available from all computers, web sites, and servers under
your or your company's ownership or control. Please immediately remove
the offending material, and notify
us in writing that you have removed the material from your web site(s)
or other unauthorized location. CPRR.org reserves its right to seek
immediate equitable, injunctive, and other relief, including damages claims. This
notice shall not be deemed to be a waiver of any rights or remedies, which
are expressly reserved. We thank you for your courtesy and immediate cooperation
in this matter.
Your prompt response is requested so that the illegal infringing activity can
be stopped.

TAKEDOWN NOTICES: Please don't assume
that you can pirate images from this website with impunity, believing incorrectly
that this won't
be discovered or that copyright infringement doesn't routinely result
in substantial
civil damage awards ("not less than $750 or more than $30,000" statutory
damages per downloaded file). Because of the way
internet search engines such as Google, Yahoo,
and Picsearch find
images,
pirating
images
from the CPRR.org
website
and
placing
our images
on your website will
in all likelihood be – in effect – like advertising to the whole
world that you are giving away our pictures. When we discover such unlawful
piracy and send
a legal
takedown notice – and particularly
if you fail to respond to the notice – it is likely that in order to
protect itself from legal liability under the
Digital
Millennium Copyright Act, 17 USC 5, §512(c)(A)(iii) & (g),
your Internet Service Provider will remove your website (and possibly cancel
your account). This is an unpleasant
and
undesirable
result, but it is the way that copyright law works, so please don't pirate
images, and never ignore legal notices asking you to
remove
pirated
images – you need to take remedial action and respond promptly when caught.
You agree to immediately respond and take remedial action should you receive
a takedown notice (whether formal or
informal) from us asking that one or more pirated images or other content be
removed, and also to promptly advise us should you dispute any facts as stated
therein.

Also, the FBI and Department of Homeland Security provide the following
official notice when taking enforcement action to shut down criminal copyright
infringement on the internet: "It
is unlawful to reproduce or distribute copyrighted material ... without authorization
- even when done for free over the Internet. Individuals who willfully distribute
or download copyrighted
material risk criminal prosecution under 18 U.S.C. 2319. First-time offenders
convicted of criminal
felony copyright
laws will face up to five years in federal prison, restitution,
forfeiture
and a fine."

Rights in this Website/Restrictions: We
reserve all rights not expressly granted. CPRR.org and/or other parties
that provide this website and its content specifically retain title, ownership
rights, and
intellectual property rights, and interests including but not limited to any
possible copyright, which they may have in and to intellectual property, data,
files and/or the images they contain, including the look and feel of all software,
programs, web pages, images, or items, and to derivative works. You
are not permitted to, and you warrant
and agree that you will not do or facilitate any of the following: (1)
access, view, determine, disable, examine, decipher, or attempt to derive the
source code or content of any webpage, image, image path, image URL, or other
content,
or portion thereof,
whether text, html, Javascript, jpeg, gif, pdf, or otherwise, reduce any webpage
or file source code, or portion thereof, to a form understandable by humans,
nor remove or disable any legal notice, copyright management information,
computer
code,
functionality, or software
on this website, nor change the context of the display of an image, including
but not limited to by causing an image displayed on a webpage of this website
to be separately redisplayed or opened in a new window; (2)
directly or indirectly modify, translate, reverse
engineer, reverse compile, decompile,
reverse
assemble,
disassemble, or create derivative works based on this website or its contents,
or portions thereof, nor alter or disable any executable code, materials,
images, or content on or received
via this website, nor the appearance thereof, without the prior expressed written
permission of CPRR.org as provided herein, and for the purposes set forth; (3)
screen capture images, webpages, or other content on this website nor extract
such
content
from a cache; (4)
copy, screen capture, drag-and-drop, distribute, or publicly display this
website
or
its images or
other content, without the prior expressed written permission of CPRR.org as
provided herein, and for the purposes set forth; (5) place images
or other files or content from this website or descriptions or locations
thereof into
a peer-to-peer file sharing system or index thereto, nor into an http, ftp,
or other file transfer protocol or peer-to-peer server; (6) violate
the intellectual property, privacy, or publicity rights of others, nor
omit or misrepresent
the source or origin of any image, content, or other intellectual property;
(7) use any robot, spider, web crawler, other automatic device, or manual process
to copy our web pages, images, or other content contained without our prior
expressed written permission; (8) violate robot
instructions including but not limited to robot instructions contained
in meta tags and the robots.txt file; (9)
unless directed to do so by written instructions from us, access any private
file or any file this is not reached
via a link located one of our public webpages; (10)
engage in any activity that may or will directly or indirectly impose a disproportionately
large, unanticipated, or unreasonable load on our website bandwidth or infrastructure;
(11) rent, lease, loan, resell, or otherwise
transfer rights to this website or its contents, or create derivative works
based on this website or its contents; (12) circumvent, remove, disable, obscure,
alter, or make illegible, nor to attempt to circumvent, remove, disable, obscure,
alter, or make illegible any copy
protection
method, digital watermarks or other proprietary notices, markings, indications,
or labels that may be included with webpages, images, text, metadata, or other
content, nor transmit
or publish content or data from which associated copyright or other posted
proprietary notices, or photographer, publisher, website, author, or owner
attributions have been
removed; (13) remove, omit, alter, make illegible, or obscure the
name of the Central Pacific Railroad Photographic History Museum, CPRR.org,
any logo, or any proprietary, legal, or other notice, including, but not limited
to, copyright, trademark, patent, trade secret, limitation of warranty, usage
limitation, disclaimer, indication of ownership and/or intellectual property
and/or physical rights, or any other terms and/or conditions intended to be
displayed, or otherwise remove,
omit,
alter, make illegible, fail
to include,
or obscure
any
proprietary
rights notices, labels, copyrights, trademarks, servicemarks, confidentiality
notices
and/or
restricted
rights notices on or in this website or its content or in content obtain from
us; or (14) view this website with any software or device other than a web browser that fully and correctly displays all of the web content. (For example, this website includes image and link titles which popup when you point to them showing additional information and notices. You acknowledge receipt of such additional information and notices and waive notice if using a defective web browser in violation of this agreement that does not properly display all of the information and notices that are present on our web pages.)

NO WARRANTY - "AS IS" AND
"AS AVAILABLE" WITHOUT
WARRANTY OF ANY KIND AS TO ACCURACY, QUALITY, COMPLETENESS, NON-INFRINGEMENT,
OR OTHERWISE:YOU
EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THERE
IS ABSOLUTELY NO WARRANTY FOR THIS WEBSITE OR ITS CONTENT OR LINKS,
NOR FOR ANY IMAGES, INFORMATION, DATA, OR OTHER CONTENT, TRANSMITTED BY, PROCESSED
BY,
OBTAINED THROUGH OR OTHERWISE IN CONNECTION WITH THIS
WEBSITE. THE CENTRAL PACIFIC RAILROAD PHOTOGRAPHIC HISTORY MUSEUM,
OR ANYONE ELSE INVOLVED IN THE PRODUCTION, CREATION, DISTRIBUTION,
DELIVERY, OR MARKETING OF THIS
WEBSITE AND ITS CONTENT, INCLUDING BUT NOT LIMITED TO CPRR.ORG,
THE COPYRIGHT HOLDER(S), OTHER RIGHTS HOLDERS, LICENSOR, AND/OR OTHER PARTIES
AND THEIR AFFILIATES, OR THE LIKE, THAT PROVIDE THIS
WEBSITE AND ITS CONTENT, INCLUDING REPRODUCTIONS OF SELECTED ITEMS FROM COLLECTIONS
AND LINKS DO SO "AS
IS", "AS
AVAILABLE",
AND WITH ALL FAULTS, WITHOUT USER SUPPORT, MAINTENANCE, OR WARRANTY
OF ANY KIND, EITHER EXPRESSED
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE, ANY IMPLIED WARRANTIES ARISING
FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, TITLE, EXPECTATION OF PRIVACY,
LACK OF
VIRUSES, CORRUPTED FILES, OR OTHER MALICIOUS OR ERRONEOUS SOFTWARE, AVAILABILITY,
RELIABILITY, QUALITY, ACCURACY, CORRECTNESS, DATE, ORDER, SEQUENCE, SUITABILITY,
DESIRABILITY, COMPLETENESS, CORRECTNESS OF IMAGE IDENTIFICATION OR DESCRIPTION,
CORRECTNESS
OF TRANSLATION,
COMPATABILITY,
TIMELINESS, DECENCY, AND FREEDOM FROM INFRINGEMENT, THEFT, DESTRUCTION
OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR UNLAWFUL USE OF RECORDS, NOR
THE SUCCESS OR RESULTS, ECONOMIC OR OTHERWISE, THAT MAY BE OBTAINED BY USE
OF
OUR IMAGES OR OTHER
CONTENT OR OF THIRD PARTY PRODUCTS OR SERVICES, OR ANY PART THEREOF, NOR
ARE WE RESPONSIBLE FOR
ANY
DAMAGE TO
YOUR COMPUTER, SOFTWARE, MODEM, TELEPHONE, TELEVISION, CABLE, WIRELESS EQUIPMENT,
OR OTHER PROPERTY RESULTING FROM OR ARISING OUT OF YOUR USE OF THIS WEBSITE.
YOU AGREE TO TAKE MEASURES TO OFFSET THESE RISKS, AND TO REFRAIN FROM USING
THIS WEBSITE OR OUR INFORMATION OR CONTENT IN ANY WAY THAT COULD RESULT IN
PERSONAL INJURY, PROPERTY DAMAGE, INVESTMENT LOSS, PROJECT DELAY, DEFAULT,
OR CANCELLATION OR OTHER BUSINESS LOSS, MISIDENTIFICATION OR INCORRECT PRICING
OF SECURITIES, ANTIQUES, RAILROAD EQUIPMENT, PHOTOGRAPHS,
ARTWORK,
COLLECTIBLES,
OR THE LIKE, PRODUCT OR OTHER
LIABILITY,
OR INTELLECTUAL PROPERTY INFRINGEMENT. WE
MAKE NO WARRANTY OR REPRESENTATION AS TO THE VALIDITY OR SCOPE OF OUR INTELLECTUAL
PROPERTY
RIGHTS. ANY RESULTS
OR
OUTCOME AS A RESULT OF THE USE OF THIS INFORMATION AND THE ENTIRE
RISK
OF
ACCESS TO OR
USE
OF
THIS
WEBSITE AND ITS CONTENT AND LINKS IS WITH YOU. SPECIFICATIONS AND
EQUIPMENT ARE SUBJECT TO CHANGE WITHOUT ANY NOTICE OR OBLIGATION BY US.
SHOULD THE WEBSITE OR ITS CONTENT, IMAGES, DOWNLOADS, OR LINKS, OR OUR COMMUNICATIONS
OR ATTACHMENTS THERETO PROVE TO BE FAULTY, INACCURATE, INCORRECT, UNRELIABLE,
NOT TO MEET ANY OF YOUR PARTICULAR REQUIREMENTS, OR TO BE OTHERWISE UNACCEPTABLE,
YOU ASSUME THE COST OF ALL NECESSARY SUPPORT, REPAIR, OR CORRECTION. WE
SHALL NOT BE LIABLE OR RESPONSIBLE FOR NONPERFORMANCE OR DELAY IN PERFORMANCE
CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF OUR CONTROL, INCLUDING BUT
NOT LIMITED TO TECHNICAL MALFUNCTIONS OF ANY KIND, DELAYED OR FAILED ELECTRONIC
COMMUNICATIONS, OR UNAVAILABLE OR FAILED NETWORK CONNECTIONS, OR YOUR USE,
NON-USE, OR RELIANCE UPON, EQUIPMENT, BROWSER, PDF VIEWER, AND/OR THE INSTALLATION
THEREOF, FAILURE
OF ELECTRONIC OR MECHANICAL EQUIPMENT OR
COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, BUGS,
ERRORS, DELETIONS, CONFIGURATION PROBLEMS OR INCOMPATIBILITY OF COMPUTER HARDWARE
OR SOFTWARE,
FAILURE OR UNAVAILABILITY OF INTERNET ACCESS, FAILURE OF DELIVERY, PROBLEMS
WITH INTERNET SERVICE PROVIDERS, DELAY IN OPERATION OR TRANSMISSION, PROBLEMS
OR DELAYS WITH INTERMEDIATE COMPUTER OR COMMUNICATIONS
NETWORKS OR FACILITIES, PROBLEMS WITH DATA TRANSMISSION FACILITIES, YOUR TELEPHONE
SERVICE, CABLE TELEVISION SERVICE, OR OTHER DATA TRANSMISSION SERVICE, ETHERNET
OR WIRELESS CONNECTION, OR ANY OTHER PROBLEMS YOU EXPERIENCE. NO
WRITTEN INFORMATION OR ORAL ADVICE GIVEN BY US, WILL CREATE A WARRANTY; NOR
MAY YOU
RELY ON ANY
SUCH ADVICE OR INFORMATION. YOU FURTHER
ASSUME THE ENTIRE RISK THAT CERTAIN HISTORIC SUBJECTS, ACCIDENTS, ATTITUDES,
QUOTATIONS, AND STEREOTYPES
AND DESCRIPTIONS OR DEPICTIONS THEREOF, SOME GRAPHIC, INCLUDING BUT NOT LIMITED
TO EXTREMELY OFFENSIVE LANGUAGE, MAY PROVE TO BE DISTURBING AND
THAT WARNINGS AND
RATING FILTERS RELATING TO SUCH CONTENT MAY BE ABSENT
OR INEFFECTIVE, AND YOU FURTHER AGREE THAT ANY OFFENSE THAT YOU TAKE THERETO
SHALL BE DIRECTED AND STRICTLY LIMITED TO THE ORIGINAL HISTORICAL SOURCE,
AND YOU STIPULATE AND AGREE THAT ANY SUCH OFFENSIVE HISTORICAL VIEWS ARE NOT
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"A countryman between two lawyers is like a fish between
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"You're travelling through another dimension.
A dimension, not only of sight and sound, but of mind. A journey into
a wondrous land
whose boundaries are that of imagination. Next stop, the .... ! —Rod Sterling

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IT IS THE INTENT OF THE PARTIES HERETO THAT THE FORUM AND JURISDICTION
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OPERATIVE.

PRE-DISPUTE ARBITRATION AGREEMENT: This agreement contains pre-dispute arbitration
terms and conditions that give us the right to require settlement of disputes
by arbitration. By entering into this User Agreement containing an Arbitration
Agreement you agree as follows: You are giving up the right to sue us in court,
including the right to a trial by jury. Arbitration awards are generally final
and binding. A party’s ability to have a court reverse or modify an arbitration
award is very limited. The ability of the parties to obtain documents, witness
statements and other discovery is generally more limited in arbitration than
in court proceedings. The arbitrator(s) do not have to explain the reasons
or factual basis for their award. The rules of some arbitration forums may
impose additional time limits for bringing a claim in arbitration. The rules
of the arbitration forum in which the claim is heard, and any amendments thereto,
shall be incorporated into this agreement. No person shall bring a putative
or certified class action to arbitration. Such forbearance to enforce an agreement
to arbitrate shall not constitute a waiver of any of our rights under this
agreement except to the extent stated herein. You agree that all claims, controversies
and other disputes between you and us and any of our contributors, authors,
directors, officers, employees, or agents arising out of or relating to this
agreement, the Central Pacific Railroad Photographic History Museum, this website,
any e-mail or other communication between us, or any order that you place,
or the continuation, performance or breach of this User Agreement or any other
agreement between you and us, whether entered into before, on, or after the
date that you entered into this User Agreement or made use of this website
or our information or content, shall at our option be determined by arbitration
conducted by, and subject to the arbitration rules then in effect of the American
Arbitration Association or such alternative dispute resolution entity as we
may designate. This agreement to arbitrate shall be specifically enforceable
under prevailing law and procedures. The award rendered by the arbitrators
shall be final, and judgement may be entered upon it in any court having jurisdiction
over the parties. Legal counsel can advise you on how this arbitration agreement
may affect you.

DONATIONS
Please donate pictures from your collection that you would like to see on the
CPRR.org website by e-mailing them to us. Our biggest mailbox that is best
for receiving large pictures is:(See
the FAQ about our preferred format, please don't
send more than 60 megabytes of pictures in one day without making arrangements
for us to empty the mailbox, and please don't
send
pictures
to our other smaller e-mail addresses/inboxes which would overflow with pictures,
thereby preventing us from receiving e-mail and
causing e-mail to bounce back to the sender.)THANK YOU FOR YOUR GENEROSITY IN ALLOWING YOUR IMAGES OR OTHER ITEMS OR
CONTENT
TO BE INCLUDED IN THE CPRR MUSEUM!
[The following provisions are
need to make sure that we have permission to make use of donated images, text, files,
etc. — both
now and in the future — and also to allow the CPRR Museum to endure and
evolve,
for
example, to enable us to take full advantage of technological advances.]
YOU AGREE NOT TO SEND US ANYTHING
THAT WE ARE NOT PERMITTED TO USE, PUBLISH, AND/OR REPUBLISH ROYALTY FREE. BY
SUBMITTING OR GRANTING US ACCESS, MAKING AVAILABLE, USING ANY E-MAIL LINK ON
THIS WEBSITE, TRANSMITTING VIA E-MAIL, ANSWERING OR COMMENTING UPON OUR COMUNICATION(S),
WRITINGS OR OTHER
CONTENT, OR OTHERWISE SENDING, CONTRIBUTING, DONATING, PUBLISHING,
REVIEWING, SELLING, PROVIDING TO US WHETHER
DIRECTLY OR VIA AN INTERMEDIARY(IES), WRITING TO OR ABOUT US OR OUR CONTENT,
OR BY GRANTING US PERMISSION
TO
USE MATERIAL, CONTENT, INTELLECTUAL PROPERTY,
AND/OR INFORMATION, INCLUDING BUT NOT LIMITED TO TEXT, WEB PAGES, IMAGES, MAPS,
NAMES, AFFILIATIONS, DATA, REVIEWS, ARTICLES, COMMENTS, POSTS, QUESTIONS,
COUNTEROFFERS TO AND/OR CRITICISMS OF AND/OR SUGGESTED MODIFICATIONS TO THIS
USER AGREEMENT,
AND/OR
FILES, YOU
ARE REPRESENTING AND WARRANTING THAT
YOU ARE THE OWNER
AND HAVE AUTHORIZATION TO CONTROL AND DISTRIBUTE SUCH MATERIAL, CONTENT AND/OR
INFORMATION OR THE LIKE AND EXERCISE ALL SUCH RIGHTS, THAT SUCH MATERIAL IS
NONPROPRIETARY AND NOT PRIVATE, THAT
YOUR SENDING OR MAKING AVAILABLE TO US AND OUR PUBLICATION OR OUR LICENSING TO OTHERS OF SUCH MATERIAL
IN WHOLE OR PART, IN ANY MANNER, FOR ANY PURPOSE, DOES NOT AND WILL NOT INFRINGE YOUR OR ANY
THIRD PARTY'S COPYRIGHT, TRADEMARK, OR OTHER PROPRIETARY
RIGHTS
OR RIGHT
OF
PUBLICITY OR PRIVACY NOR VIOLATE ANY APPLICABLE LAW, STATUTE, ORDINANCE OR
REGULATION, NOR OBLIGATE US TO PUBLISH THE IMAGE OR OTHER CONTENT, AND YOU
ARE GRANTING
TO
US A RELEASE AND AN
UNRESTRICTED,
PERPETUAL,
PERMANENT,
IRREVOCABLE,
TRANSFERABLE, SUBLICENSABLE (THROUGH MULTIPLE TIERS), NON-EXCLUSIVE, UNCONDITIONAL,
FULLY PAID-UP, ROYALTY FREE LICENSE TO ALL RIGHTS TO SUCH MATERIAL, DEPICTIONS OF YOU AND/OR OTHER PERSONS,
CONTENT AND/OR
INFORMATION THAT GRANTS PERMISSION FOR USE ANYWHERE
THROUGHOUT THE UNIVERSE,
IN ANY MANNER, AND FOR ANY PURPOSE (INCLUDING BUT NOT LIMITED TO THE RIGHT
TO REPRODUCE,
PUBLISH, PUBLICLY PERFORM, PUBLICLY DISPLAY, ADAPT, SELL, LICENSE, DERIVE REVENUE
OR OTHER REMUNERATION FROM, AND/OR DISTRIBUTE COPIES OF WORKS CONTAINING THE
CONTRIBUTION, IN WHOLE OR IN PART, SELECTIONS THEREFROM, TO INCORPORATE
SUCH CONTENT INTO OTHER MATERIALS OR WORKS, TRANSLATIONS AND OTHER DERIVATIVE
WORKS AND/OR EDITIONS,
FOREVER, INCLUDING BUT NOT LIMITED TO THE FULL TERM, AND ALL RENEWALS AND
EXTENSIONS THEREOF), INTELLECTUAL PROPERTY, AND RELATED LAWS, IN ANY FORMAT
OR MEDIA NOW
KNOWN,
NOT CURRENTLY
KNOWN,
HEREAFTER KNOWN, OR LATER DEVELOPED, AND THE RIGHT
TO LICENSE OR AUTHORIZE OTHERS TO DO, LICENSE, OR AUTHORIZE ANY OR ALL OF THE
FOREGOING, AND (IF YOU ARE THE AUTHOR OR RIGHTS OWNER OF SUBMITTED PREVIOUSLY
UNPUBLISHED CONTENT) THAT (AS IS COMMON PRACTICE WHEN SUBMITTING MATERIAL FOR
PUBLICATION IN SCHOLARLY JOURNALS) YOU HEREBY CONVEY AND ASSIGN COPYRIGHT TO
CPRR.ORG AS FOLLOWS [The donor of such previously unpublished work does hereby
sell, assign, and transfer to CPRR.org, its successors and assigns, the entire
right,
title
and interest in and to the copyright in the work and any registrations and
copyright applications relating thereto and any renewals and extensions thereof,
and in and to all works based upon, derived from, or incorporating the work,
and in and to all income, royalties, damages, claims and payments now or hereafter
due or payable with respect thereto, and in and to all causes of action, either
in law or in equity for past, present, or future infringement based on the
copyrights, and in and to all rights corresponding to the foregoing throughout
the world, and agrees to execute all papers and to perform such other proper
acts as we may deem necessary to secure for CPRR.org or its designee the rights
herein assigned.],
AND
(IF APPLICABLE)
THAT ALL SO-CALLED MORAL RIGHTS IN SUCH MATERIAL HAVE BEEN WAIVED. YOU AGREE
NOT TO SEND US OBJECTS OF ANTIQUITY OR PHOTOGRAPHS, MESSAGES, OR INFORMATION
REGARDING ANY OBJECT OF ANTIQUITY TAKEN,
OR COLLECTION MADE, ON LANDS OWNED OR CONTROLLED BY THE UNITED STATES, WITHOUT
A PERMIT,
AS PRESCRIBED BY THE AMERICAN
ANTIQUITIES ACT OF 1906 (16
USC 431-433), OR
OTHERWISE OBTAINED IN VIOLATION OF APPLICABLE LAW OR
REGULATIONS. PLEASE
BE EXTREMELY CAREFUL NOT TO DONATE WHAT YOU DO NOT OWN BECAUSE
DOING SO MIGHT EXPOSE YOU TO LEGAL LIABILITY FOR COPYRIGHT INFRINGEMENT OR
OTHER LAW OR
RIGHTS VIOLATIONS, AND YOU AGREE TO DEFEND, HOLD HARMLESS,
AND INDEMNIFY US FROM
ANY RESULTING COSTS, LIABILITY OR LOSS. ANY SUBMISSIONS, CONTRIBUTIONS, QUESTIONS,
COMMENTS, FEEDBACK, SUGGESTIONS, IDEAS, TECHNIQUES, CONCEPTS, KNOW-HOW OR
OTHER
INFORMATION RECEIVED BY CPRR.ORG SHALL BE DEEMED NOT TO BE CONFIDENTIAL
AND MAY BE FREELY USED, EDITED, MODIFIED, ADAPTED, LINKED, TRANSLATED, DISSEMINATED,
PUBLISHED,
DELETED, LICENSED, DISCLOSED, AND/OR DISTRIBUTED BY CPRR.ORG WITHOUT LIMITATION
AND WITHOUT COMPENSATION, ANYWHERE, IN ANY MANNER, AND FOR ANY PURPOSE WHATSOEVER.
RETAIN COPIES OF ANY MATERIAL SENT TO US. MONETARY
GIFTS ARE ALSO GREATLY APPRECIATED, SHALL BE UNRESTRICTED, AND MAY BE USED
FOR ANY PURPOSE. WE ARE NOT A PUBLIC ENTITY, NOT A FEDERAL OR OTHER GOVERNMENT AUTHORITY OR GRANT RECIPIENT, NOR IRC §501(c)(3) QUALIFIED.
WE WANT TO PROVIDE SUITABLE CREDIT ON THIS
WEBSITE FOR CONTENT DONATIONS WHENEVER POSSIBLE, AT OUR SOLE DISCRETION — IF
YOU WOULD LIKE TO RECEIVE CREDIT, PLEASE MAKE SURE TO LET US KNOW YOUR NAME AND
TELL
US IF YOU HAVE A PREFERRED FORM OF CREDIT.WHEN YOU SEND OR E-MAIL IT, IT'S OURS.

"If you think technology can solve all your
security problems, then you don’t understand either." —Anonymous

PRIVACY AND SECURITY STATEMENT
We do not want, ask for, or need your private or proprietary information, so
it is your responsibility and we are relying
upon you to select, configure,
operate, and secure your
computer
and networking equipment, operating
system, Internet browser, e-mail and related
software, etc. and also your trash to
protect your own privacy
and security generally to the
extent
that you prefer and to provide us only with information or
content, including but
not limited to pictures, text, files, e-mails, and personally identifiable
information, that you want us to have, publish at our sole discretion for
all to see, and to use without restriction and
in any
medium. You acknowledge
and agree that when you send a message, inquiry, image, or other informaton
or content to CPRR.org and/or CPRR.net, you should and do expect that it may
be published online, since
that
is
what websites and online discussion groups do, and that you do not and cannot
possibly have any reasonable expectation of
privacy. Consequently,
the categories of personally
identifiable information that we collect are limited to all such information
that you choose to supply;
the categories of third-parties with whom we may share such personally identifiable
information are all individuals or entities with access to this
website or other publication or communication; you may review any
such content on this website and request changes by making a request to us
by e-mail to Privacy@CPRR.org; and,
you can periodically
review this page or use an automated notification
service to become aware of material changes to this privacy policy,
as this privacy
policy and any changes hereto are effective
immediately, if not sooner.
Because
we
take privacy seriously,
we do not want
to make unrealistic promises
[such as we often encounter elsewhere], knowing that internet
and
corporate
security
are breached
regularly, that e-mail is usually unprotected, software
is flawed and computers are insecure,
and remembering
the
history that even when the fate
of civilization hung in the balance during WW II, neither Germany nor
Japan could
keep
their most closely guarded secrets. We
like to be able to give credit
on this website for donated images or other content
if donors let us know their full name and/or their website URL. By
allowing you to use Paypal
(formerly an eBay company) to send donations or use fee
payments, we let you make electronic payment
using a third party without revealing your
credit card number or bank information to us, if that is your preference. By
using this website, you are consenting to the monitoring of the usage of our
web servers
and other computer and communications equipment and of communications
and services. Since
third parties provide a variety of valuable services such as e-mail, web
hosting [Hostway/Valueweb],
server logs and site statistics, linked websites, web
logging of discussion
e-mails, hit
counters
(that
also tell us
which pages visitors prefer), searching the museum's content and the web
(from which
we learn what subject matter visitors are seeking and what search methods
are being used), internet security, advertising,
fulfillment of book
orders,
etc., and we have little knowledge
and no control over third-party's often inadequate and frequently changing
privacy and security policies and practices (which unfortunately may not
conform to
their stated policies), we strongly recommend the following minimum general
privacy and security measures (among others) which are not specific to this
website, if and to the extent that you wish to maintain your privacy:
(1) refrain
from ever using your actual name in an e-mail, e-mail address,
or post, and instead use
multiple different common name alter ego pseudonyms and e-mail
accounts for your various
online activities and personae, (2) use a proxy server or virtual private
network that hides
your actual IP address so that it does not
appear in server log files; (3) if you enable cookies
which many websites require to operate properly (but which we do not currently
and never have used, but which may be used by third parties used by this website
and elsewhere, including but not limited to search engines and advertisers),
you should erase them at least daily, and also reset the browser history and
cache,
and
you
may utilize pop-up blocker software to prevent automatic opening of additional
browser windows, if that is your preference; (by using or continuing
to use this website, you agree to such use of cookies, and further
agree to block any cookies or other files or content that you do not wish
to receive); (4)
use a browser
that withholds the referring URL if you prefer this option, or open a new window
before visiting
a website; (5)
use a
hardware
stealth firewall; (6) apply all current security patches to your
computer's operating system and other software, after briefly waiting to determine
that such update has no reported serious flaws, and regularly use up-to-date
virus checking,
spyware removal, backup, and disk
repair software,
and clearly
understand that due to corruption, hard drive failure,
or disaster you are very
likely to eventually lose all information stored
on
your computer
unless
that information is regularly backed-up to
multiple
verified permanent
onsite and offsite copies (current
wisdom in the digital preservation world is you need six copies made in different
ways on various media, in scattered locations to be safe); (7)
use security software that attempts to detect and prevent surreptitious capture
and transmission
of personal
identifiers
such
as names, user-id's or numbers, e-mail addresses, unique machine specific identifiers
such as your computer's permanent ethernet MAC (Media Access Control) address
or cookie stored GUID (Globally Unique Identifier), or your actual IP address,
and/or denies
access to the internet by unauthorized software,&nbspand installs software
only that is verified by cryptographic signature from a trusted source;
(8) use high grade encryption
for all private, if not all
communications (but do
not trust "secure" internet connections because SSL
has been compromised by governments coercing certificate authorities);
(9) never send or communicate to us confidential
information or information not intended for publication, including
but not limited to by using any e-mail address or link on this website; for
example, do not use or
include any name or e-mail address that you do not want to be published
online; (10) never send
us any personally identifiable information about a child unless it is being
sent with the verifiable permission of the parent for the purpose of publication
on this website where it will be publicly disclosed; (11)
"do not follow unsolicited links received in e-mail, instant messages,
web forums, or internet relay chat (IRC) channels," i.e.,
never click or rely upon an unverified link contained in an e-mail; do
not trust the accuracy of
an e-mail "from" address; and, never open executable files
sent to you when they weren't asked for, no matter who [you think] sent them;
(12) be aware that names and e-mail
addresses appearing on websites are subject to abuse
by
spammers and cyberstalkers;
(13) deactivate ActiveX, and Java in your Web browser if that functionality
is not needed; (14) do not include private information in searches; and, extremely
important, (15) block
all hosts that do not conform to your expectations of proper conduct.
Also avoid "Windows-style
security." No CPRR Museum security measures are needed
to protect donated
information or content or disclosed personally identifiable information
and affiliation that we receive from being publicly viewed and/or distributed,
as
and notwithstanding
any accompanying or other notice
to the
contrary,
ALL INFORMATION THAT YOU SEND TO US IS INTENDED TO BE AVAILABLE TO
BE MADE PUBLIC and to be available without restriction
to CPRR.org and our licensees for publication on the internet or in any medium.
In particular, and not in limitation of the forgoing, if you fail to use good
judgment and unwisely choose to not exercise
your right to remain silent and/or your right to legal counsel and instead
send us information that
is or may be misconstrued to be an admission
of guilt to
a criminal
offense or otherwise incriminating, or if you self-publish such
information, please
anticipate
the
likelihood
that it will come to the attention of law enforcement officials, possibly
leading to arrest
and prosecution, the likelihood that this may occur due
to zealousness or overzealousness of members of the public reading your submitted
information which has been published online, and do
not expect that
such information will be withheld from publication, censored by us, that you
will be treated as
a protected
confidential source, or that electronic communications will somehow escape
legal discovery. Also take note that once information is sent and/or published,
including but not limited to comments or questions which
are routinely posted online, removing the information from a news
posting, webpage, etc. does not necessarily make it once again
private
or
inaccessible
because
multiple
online
and offline archival copies typically remain, including those maintained by
independent third parties such as internet service providers, search engines,
internet archives, the Library of Congress, and possibly law
enforcement/intelligence agencies. However, important purposes of this
website and its
news group, the CPRR Discussion
Group, are newsgathering and dissemination, as well as comment and criticism,
so we reserve our right
to shield from
discovery any
information that we have at our sole discretion withheld from publication
to protect a source, due to exercise of the editorial function, or in furtherance
of such journalism. You acknowledge that the contributors to this website act
as de
facto citizen-journalists engaged in the public
dissemination of news and information,
and the promotion of discourse and advocacy regarding
issues of national and historic importance. All your content (including but
not limited to text and pictures) and information (including but not limited
to your name and e-mail address) that you e-mail to
us, post on our website,
or
otherwise submit or make available to us is for inclusion in the CPRR Museum
on
publicly
accessible
areas of the this website, so this User
Agreement provides that you grant us a worldwide,
royalty-free, nonexclusive, perpetual, irrevocable, and fully sublicensable
license to use, distribute,
derive revenue or other remuneration from, reproduce, modify, adapt, publish,
translate, publicly perform and publicly display such content (in whole or
in part) and to incorporate such content into other materials or works in
any format or medium now known or later developed, and that you assign to
us
copyright ownership of any such previously unpublished content. [To learn
more about online privacy issues, see the American
Library Association and the Electronic
Privacy Information Center.]

BY CLICKING ON ANY IMAGE OR LINK TO INDICATE "I ACCEPT," BY ACCESSING
AND BROWSING THIS WEBSITE, OR BY SENDING US AN E-MAIL OR OTHER COMMUNICATION,
WHETHER DIRECTLY OR INDIRECTLY, YOU
ARE ASSERTING THAT YOU HAVE READ AND AGREE TO THIS USER AGREEMENT,
WITHOUT LIMITATION, THAT YOU UNDERSTAND THIS USER AGREEMENT, AND THAT YOU ARE
LEGALLY
AUTHORIZED
TO
ASSENT
TO
BE
BOUND TO THE TERMS AND CONDITIONS AS PRESENTED IN THIS USER AGREEMENT. CONTINUED
ACCEPTANCE OF ALL THESE TERMS IS A CONDITION OF THIS AGREEMENT AND IS REQUIRED
FOR
YOUR
ACCESS
TO
THIS
WEBSITE. AS A RESULT, BROWSING THIS WEBSITE WITHOUT HAVING ACCEPTED
THIS
USER
AGREEMENT
WOULD BE
A COPYRIGHT VIOLATION.

CPRR Discussion Group comments
should be germane to this website and need to state not just a conclusion,
but the facts and arguments that would lead
to
such
a conclusion
(preferably
citing
the sources
relied upon), so that interested readers can fact check and have sufficient
information to allow them to independently judge accuracy and validity. Spamming,
as well as repetitive, harassing, threatening, intrusive, vulgar, profane,
abusive,
impolite, untruthful, disparaging, and/or off-topic messages
or other communications to us or concerning this website are all prohibited.
You may not post on this CPRR Museum website or the CPRR Discusson Group or
send us unsolicited advertisements, nor advertising links, nor links to off
topic
websites,
via
e-mail, text message, fax, or other method of electronic communication,
nor
call us by telephone, nor send e-mail to our address or domain(s)
that does not contain our valid address in the "To:" and/or "cc:" header, nor
which has a missing, uninformative, or misleading "Subject:" header, and/or
return address, nor without permission from a mailing list, nor containing
an
html message body, nor having attachments other than donated images and/or
other donated content relating to the subject matter of this website, nor
containing
a computer virus, worm, or other corrupted or malicious code, nor containing
proprietary content that you do not own and/or control, nor may you copy
or
place our e-mail address, nor any e-mail address in our domains or owned by
us, nor any e-mail address found on this website or obtained from us in any
database or on any mailing list. You agree to pay us three
thousand dollars per unsolicited e-mail sent, or prohibited comment posted
to the CPRR Discussion Group, or telephone call and fifteen thousand dollars
per
e-mail address added to your commercial mailing list in violation of the foregoing,
plus damages. The CPRR Museum participates in Project
Honey Pot which allows us to track and help catch spammers who harvest
e-mail addresses from our web pages. We reserve
the right to remove, or decline to remove any posted comment or question, or
portion
thereof,
at
any
time for
any reason
or for
no reason.

No stereographs were harmed in the making of this website.Historical characters described on this website aren't fictional
and any similarities with any individual, previously living or dead, are completely
consequential; nor have their names been changed to protect the innocent.